Majority
p. 924The People of the State of New York, Respondent, v. Charles Grossman, Appellant.
Judgment of conviction of the Court of Special Sessions reversed and new trial ordered, on the ground that the falsity of the statement was not established beyond a reasonable doubt. Rich, Putnam and Kelly, JJ., concur; Blaekmar, P. J., votes to reverse upon the ground that the affidavit (Exhibit 1) not purporting to be a representation of defendant’s financial condition, or means or ability to pay, did not fall within the scope of section 1293b of the Penal Law, with whom Rich, J., concurs; Jaycox, J., votes to affirm.