People v. Dash — 282 N.Y. 632

Majority

p. 632

The People of the State of New York, Respondent, v. Harry R. Dash, Appellant, Impleaded with Others.

Argued January 16, 1940;

decided February 27, 1940.

p. 633

Harry Becker for appellant.

Charles P. Sullivan, District Attorney (Edmund C. Rowan of counsel), for respondent.

Judgments reversed and information dismissed on the ground that the evidence did not sufficiently establish that the conduct of the defendant reasonably tended in the circumstances toward a breach of the peace. (Cf. Penal Law, § 1140-a.) No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.