Opinion
Argued April 15, 1965
Decided May 27, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.
Gilbert S. Rosenthal for appellant-respondent.
Frank S. Hogan, District Attorney ( William J. Jones, Jr., and H. Richard Uviller of counsel), for respondent-appellant.
Order modified to the extent of dismissing the fourth count of the indictment upon the ground that there is insufficient proof to establish that defendant actually practiced medicine in violation of subdivision 1 of section 6513 of the Education Law and, as so modified, affirmed. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.