Opinion
Argued May 22, 1957
Decided July 3, 1957
Appeal from the Appellate Division of the Supreme Court in the third judicial department, CLAUDE R. CLARK, J.P.
T. Paul Kane, District Attorney, for appellant.
Peter A. Daniels for respondent.
Louis J. Lefkowitz, Attorney-General ( John R. Davison, Philip J. Fitzgerald and Peter E. Herzog of counsel), in his statutory capacity under section 71 of the Executive Law.
Order affirmed upon the ground that the evidence adduced was insufficient to sustain a conviction. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.