Majority
p. 706The People of the State of New York, on the Complaint of David Rosen, Respondent, v. Nicholas Burns, Appellant.
Judgment unanimously reversed, the information dismissed and the fine remitted, upon the ground that the People failed to prove beyond a reasonable doubt that the defendant was intoxicated at the time of the happening of the accident which resulted in his arrest. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.