Opinion
November 4, 1959
Judgment unanimously reversed, on the law and on the facts, and the information dismissed. Viewed in the light of all the circumstances surrounding the dispute over the rebate claimed for the alleged damage to the laundry and the tussle over the possession of the heavy laundry bundle, the evidence failed to establish the guilt of the defendant-appellant beyond a reasonable doubt.
Concur — Breitel, J.P., Rabin, M.M. Frank, McNally and Stevens, JJ.