Opinion
Argued April 25, 1955
Decided June 10, 1955
Appeal from the Supreme Court, Appellate Division, First Department, ANDREWS, M.
Emanuel Redfield for appellant.
Frank S. Hogan, District Attorney ( Harold Roland Shapiro of counsel), for respondent.
Judgments reversed and complaint dismissed, upon the ground that the People failed to prove that defendant was selling books in the street as a commercial venture ( People v. Barber, 289 N.Y. 378). No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.