159 N.E.2d 683, 188 N.Y.S.2d 192
Court of Appeals of the State of New York.Argued April 16, 1959
Decided May 14, 1959
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, HARRY SERPER, M.
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Selig Lenefsky for appellant.
Edward S. Silver, District Attorney (William I. Siegel an David Diamond of counsel), for respondent.
Judgments reversed, the complaint dismissed and the fine remitted upon the ground that the evidence was not sufficient to establish the guilt of defendant beyond a reasonable doubt. No opinion.
Concur: Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Chief Judge CONWAY and Judge BURKE dissent and vote to affirm.
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