Opinion
February 5, 1962
Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, rendered February 21, 1961, after a trial, convicting him of petit larceny and of knowingly delivering an article of merchandise which was of a quantity less than the quantity represented by him (Penal Law, § 2411), and sentencing him to serve a term of 14 days. Judgment reversed on the law and the facts, and information dismissed. In our opinion, the People failed to establish beyond a reasonable doubt the defendant's guilt of the crimes charged. Ughetta, Acting P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.