Majority
p. 734The People of the State of New York, Respondent, v. John Troutsoures, Appellant. Submitted March 1, 1940; decided March 15, 1940.
p. 735
Harvey I. Harris and Michael Lekacos for appellant.
Thomas E. Dewey, District Attorney (Charles W. Manning and Stanley H. Fuld of counsel), for respondent.
Judgments reversed and information dismissed upon 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. No opinion.
Concur: Lehman, Ch. J., Loughran, Pinch, Rippey, Sears, Lewis and Conway, JJ.