Majority
p. 999The People of the State of New York, Respondent, v. Patrick Rizzo, Appellant.
Judgment reversed, the information dismissed and the fine remitted on the ground that the guilt of the defendant was not established beyond a reasonable doubt. Present — Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.; Glennon and Dore, JJ., dissent and vote to modify by reducing the sentence to the time already served and by remitting the fine.