People v. Schreiber — 309 N.Y. 823

Majority

p. 823

The People of the State of New York, Respondent, v. Bert Schreiber, Appellant.

Argued October 5, 1955;

decided October 20, 1955.

p. 825

Bruce H. Willner for appellant.

Frank S. Hogan, District Attorney (Paul A. Stone and Charles W. Manning of counsel), for respondent.

Judgments reversed, information dismissed and the fine remitted. Whether or not a punch card or punchboard comes within the scope of section 970-a of the Penal Law need not be here decided since, in our view, there was no proof, beyond a reasonable doubt, of the essential sale of such an article. No opinion.

Concur: Conway, Ch. J., Desmond, Fuld, Froessel, Van Voorhis and Burke, JJ. Taking no part: Dye, J.