Opinion
Argued October 3, 1960
Decided November 30, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, VINCENT R. IMPELLITTERI, P.J., JOHN V. FLOOD and EDWARD D. CAIAZZO, JJ., JOSEPH A. SARAFITE, P.J., ARTHUR DUNAIF and MICHAEL POTTER, JJ.
Abraham Engelman and Jacob W. Friedman for appellant.
Charles H. Tenney, Corporation Counsel ( Alfred Weinstein, Seymour B. Quel and Elias Low of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER; Judges FROESSEL and VAN VOORHIS dissent and vote to reverse in the following memorandum: The majority of this court has voted to affirm upon the ground that the propriety of the notice of violation may not be collaterally reviewed in this criminal action, and without reaching the question as to whether there was in fact a violation of the fire exit rules. With this we cannot agree.