Majority
p. 896The People of the State of New York, Respondent, v. Serafino Genovese, Appellant.
Judgment of conviction of the Court of Special Sessions reversed, and defendant discharged, upon the ground that the weight of the evidence even established that the defendant made no charge for the antitoxin administered, but merely charged for making the injection. Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ., concurred.