Majority
p. 846The People of the State of New York, Respondent, v. Andrew McLaughlin, Appellant.
Judgment unanimously reversed, the information dismissed and the fine remitted. The evidence fails to establish beyond a reasonable doubt that the defendant was guilty of the crime charged in the information. Under the circumstances appearing in the record, the defendant should have been acquitted. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.