Opinion
Submitted February 26, 1960
Decided March 31, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELIJAH W. MILLS, JR., J.
Lester R. Dimond, Jr., for appellant.
Manuel W. Levine, District Attorney ( Henry P. De Vine of counsel), for respondent.
Judgments reversed and information dismissed upon the ground that the guilt of defendant was not proven beyond a reasonable doubt. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER. Judges DYE and FROESSEL dissent and vote to affirm.