127 N.E.2d 870
Court of Appeals of the State of New York.Argued April 25, 1955
Decided June 10, 1955
Appeal from the Supreme Court, Appellate Division, First Department, ANDREWS, M.
Page 1040
Emanuel Redfield for appellant.
Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for respondent.
Judgments reversed and complaint dismissed, upon the ground that the People failed to prove that defendant was selling books in the street as a commercial venture (People v. Barber, 289 N.Y. 378). No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.