Opinion
Argued January 5, 1967
Decided January 19, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN B. WHALEN, P.J.
Vincent W. Lanna for appellant.
Leonard Rubenfeld, District Attorney ( Jerome K. Karver of counsel), for respondent.
Judgment reversed and information dismissed. The proof presented by the People failed to establish beyond a reasonable doubt that this defendant violated the provisions of section 974 of the Penal Law as charged in the information.
Concur: Chief Judge FULD and Judges VAN VOORHIS, KEATING and BREITEL. Judges BURKE, SCILEPPI and BERGAN dissent and vote to affirm.