Majority
p. 776The People of the State of New York, Respondent, v. Hyman Lifschitz, Appellant.
Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting the defendant of violation of subdivision 1 of section 484 of the Penal Law, reversed on the law, the information dismissed, and the fine remitted. The facts are affirmed. The evidence fails to establish a violation of the statute beyond a reasonable doubt. There is no presumption that the child was unaccompanied by a duly authorized adult person. Close, P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.