Opinion
Argued September 21, 1970
Decided October 8, 1970
Appeal from the Supreme Court in the Ninth and Tenth Judicial Districts in the Second Judicial Department, ROBERT D. KOPS, Acting Police Justice.
William Cahn, District Attorney ( George B. Costigan, Jr. of counsel), for appellant.
Alan Manning Miller for respondent.
Order affirmed. Although ordinance here involved is of questionable validity, we place our affirmance upon the ground that the proof adduced did not establish defendant's guilt beyond a reasonable doubt. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.