Opinion
October 10, 1949.
Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting defendant of a violation of section 1140 of the Penal Law, and sentencing him to pay a fine of $50 or to confinement for five days, reversed on the law and the facts, the fine remitted, and the information dismissed. The People did not prove beyond a reasonable doubt that the action of the defendant was the willful and lewd conduct which the statute condemns. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.