Opinion
May 19, 1947.
Judgement of a City Magistrate, holding a Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of a violation of subdivision 5 of section 70 Veh. Traf. of the Vehicle and Traffic Law (driving while intoxicated), reversed on the law, the fine remitted, and the information dismissed. The evidence is insufficient to establish defendant's guilt beyond a reasonable doubt. Hagarty, Acting P.J., Carswell, Johnston, Adel and Nolan, JJ., concur.