Majority
p. 859The People of the State of New York, Respondent, v. Abe Kassab, Appellant.
Judgment reversed, complaint dismissed and fine remitted on the ground that it does not appear beyond a reasonable doubt that the advertisement was calculated .to deceive. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; Martin, P. J., and O’Malley, J., dissent and vote to affirm on the ground that the representation that “ Swiss sheer ” handerchiefs were included in the linen sale was calculated to deceive the average person into believ- ' ing that such goods were linen and the advertisement was clearly intended to mislead the public.