People v. Popack — 14 N.Y.2d 566

Majority

p. 566

The People of the State of New York, Respondent, v. Samuel Popack, Appellant.

Argued February 19, 1964;

decided February 27, 1964.

p. 567

Nathan Cyperstein and Philip Weiss for appellant.

Edward S. Silver, District Attorney (Raymond J. Scanlan, David Diamond and Harry Brodbar of counsel), for respondent.

Judgment reversed and the information dismissed upon the ground that the guilt of defendant was not established beyond a reasonable doubt. No opinion.

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