Majority
p. 863The People of the State of New York, Respondent, v. Sam Datch, Appellant.
Judgment reversed and the defendant discharged from custody, upon the ground that there is no evidence to establish the weight of the coal truck empty either before or after the receipt of the coal at the yard; and, therefore, there is no proof that the amount of coal contained therein was less than the amount that the defendant purported to deliver. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.