People v. Ornstein — 10 N.Y.2d 1005

Majority

p. 1005

The People of the State of New York, Respondent, v. Theodore Ornstein, Appellant.

Submitted November 28, 1961;

decided December 7, 1961.

p. 1006

Leonard S. Elman for appellant.

Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), for respondent.

Judgment reversed and information dismissed upon the ground that the evidence was insufficient to establish defendant’s violation of the statute (Vehicle and Traffic Law, § 1163, subd. [a]). No opinion.

Concur: Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Chief Judge Desmond and Judge Foster dissent and vote to affirm.