Majority
p. 827The People of the State of New York, on Complaint of Thomas Kilfoyle, Respondent, v. James T. McDermott, Appellant.
Judgment of conviction by a city magistrate, sitting as a Court of Special Sessions, reversed upon the facts, and a new trial ordered, upon the ground that the decision is contrary to the weight of evidence. Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ., concur.