Opinion
July, 1933.
Judgment of conviction of the Court of Special Sessions of the City of New York, Borough of Brooklyn, reversed on the law, information dismissed and defendant discharged, on the ground that there was an abuse of discretion on the part of the trial court in refusing to permit the complainant to withdraw the charge. Lazansky, P.J., Hagarty and Tompkins, JJ., concur; Kapper and Carswell, JJ., dissent and vote to affirm.