Majority
p. 830The People of the State of New York, Respondent, v. Thomas Lyon, Appellant.
Judgment of a City Magistrate, holding a Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of a violation of subdivision 5 of section 70 of the Yehicle and Traffic Law (driving while intoxicated), reversed on the law, the fine remitted, and the information dismissed. The evidence is insufficient to establish defendant’s guilt beyond a reasonable doubt. Hagarty, Acting P.J., Carswell, Johnston, Adel and Nolan, JJ., concur.