Opinion
December 17, 1951.
In the Court of Special Sessions of the City of New York, Borough of Queens, appellant was convicted after trial of unlawfully practicing medicine, in two counts, in violation of sections 6501, 6502 and 6513 of the Education Law; and sentence was imposed thereon. Judgment, insofar as it finds appellant guilty of the charge set forth in the second count of the information (advertising to practice medicine unlawfully), unanimously affirmed. Judgment, insofar as it finds appellant guilty of the charge set forth in the first count of the information, reversed on the law and the facts and the first count dismissed. The judgment is modified accordingly by striking therefrom the provision for sentence, the fine remitted, and the matter remitted to the Court of Special Session for resentence upon a conviction of the charge set forth in the second count. In view of the stipulation on the trial and the concession in the Attorney-General's brief that the physicians' prescriptions in evidence were genuine orders for the Parapack treatment, and in view of the other conceded facts guilt of the charge set forth in the first count was not established beyond a reasonable doubt. Sentence may be imposed solely on the conviction of the charge set forth in the second count. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.