Majority
p. 629The People of the State of New York on the Information of William J. Schmitt, Respondent, v. Hertz Drivurself Stations, Inc., a Corporation, Appellant.
Judgment of conviction by a city magistrate sitting as a Court of Special Sessions reversed on the law and the facts, information dismissed and defendant discharged on the ground that the prosecution failed to show that the omission complained of had a tendency to injure the health of defendant’s employees. Appeal from order denying motion for a new trial dismissed. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.