People v. Moscarelli — 303 N.Y. 923

Majority

p. 923

The People of the State of New York, Respondent, v. Raphael Moscarelli, Appellant.

Argued January 24, 1952;

decided March 14, 1952.

p. 925

Edward H. Levine and Arnold D. Roseman for appellant.

Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for respondent.

Judgments reversed and information dismissed on the ground that the evidence is insufficient in law to warrant a finding of guilt beyond a "reasonable doubt. (People v. Richardson, 287 N. Y. 563 ; People v. Carpenito, 292 N. Y. 498 .) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.