Majority
p. 764
In the Matter of the Application of Francis Downs for an Order of Certiorari, Respondent, against Austin J. Roche, Commissioner of Police of the City of Buffalo, and Another, Respondents.
Order of certiorari sustained, determinatio annulled, without costs, and a rehearing ordered, on the ground that the finding of intoxication is against the weight of the evidence. All concur. Present' — • Sears, P. J., Crouch, Edgcomb, Thompson and Crosby, JJ.