Majority
p. 888The People of the State of New York, Respondent, v. Herman Leo, Appellant.
Judgement of conviction of the Court of Special Sessions reversed, and defendant discharged. The triers of fact, by whom the defendant was convicted, were not unanimous in the finding of defendant’s guilt. It is the duty of this court to review the facts. We are of opinion that the defendant’s guilt was not established beyond a reasonable doubt. Jenks, P. J., Thomas, Carr, Mills and Putnam, JJ., concurred.