Majority
p. 868The People of the State of New York, Respondent, v. James Leburd (Liburd), Appellant.
Judgment reversed and a new trial ordered on the ground that the finding of guilt is against the weight of the evidence. On the new trial the arresting officer and the witness Barron should be called, if available. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.