Majority
p. 868The People of the State of New York ex rel. Francis G. Regan, Relator, v. Richard E. Enright, as Police Commissioner of the City of New York, Respondent.
Determination reversed upon the law and the facts, without- costs, and fine remitted. We think, in view of the unusual situation confronting the relator, that the unfortunate act of discharging his revolver cannot' be charged as a violation of the rule of the police department.
Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.