Majority
p. 665The People of the State of New York, Respondent, v. Sol Kaplan, Appellant.
Motion- to reverse a judgment of the County Court, Suffolk County, convicting defendant of a violation of section 372 of the Penal Law, and for a new trial, granted and the fine remitted. It is conceded that for reasons beyond the control of the court the minutes of the trial are not now and never will be available. There is no alternative other than to direct a new trial. Present — 'Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.