People v. Goldsmith — 249 N.Y. 586

Majority

p. 586

The People of the State of New York, Respondent, v. H. Ely Goldsmith, Appellant.

(Argued October 22, 1928;

decided November 20, 1928.)

Horace G. Marks for appellant.

Robert H. Elder, William Dike Reed and Otho S. Bowling, amici curice.

Joab H. Banton, District Attorney (Felix C. Benvenga and Michael J. Driscoll of counsel), for respondent.

Judgment of the Appellate Division and that of Special Sessions reversed and information dismissed upon the ground that there is no evidence that defendant held himself out to the public as being entitled to practice

p. 587

law within the meaning of section 270 of the Penal Law. (See People v. Alfani, 227 N. Y. 334 .)

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.