Opinion
October 14, 1958
Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting appellant of violating section 986 of the Penal Law (book-making) and sentencing him to pay a fine of $50 or to serve five days, and from said sentence. The fine was paid. Judgment reversed on the law and the facts, information dismissed, and fine remitted. The evidence was insufficient to warrant a finding of appellant's guilt beyond a reasonable doubt. No separate appeal lies from the sentence which has been reviewed on the appeal from the judgment of conviction. Nolan, P.J., Wenzel, Murphy, Ughetta and Hallinan, JJ., concur.