People v. Tisdale — 16 N.Y.2d 628

Majority

p. 628

The People of the State of New York, Respondent, v. Julius Tisdale, Appellant.

Submitted April 21, 1965;

decided May 27, 1965.

p. 629

Ira H. Holley for appellant.

Frank S. Hogan, District Attorney (Raymond S. Hack and H. Richard Uviller of counsel), for respondent.

Judgment reversed and information dismissed. The proof presented by the People failed to establish beyond a reasonable doubt that this defendant violated the provisions of section 974 or section 975 of the Penal Law.

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