Majority
p. 1045The People of the State of New York, Respondent, v. Harry Denner, Appellant.
Judgment of the Court of Special Sessions of the City of New York, Borough of Queens [County of Queens], convicting the defendant of the crime of petit larceny, reversed on the law and the facts, the information dismissed, and the defendant discharged. The finding of the eye-glass ease of the complaining witness in the Plymouth automobile was not sufficient evidence, under the facts and circumstances of this case, to establish the guilt of the defendant beyond a reasonable doubt. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.