People v. Riback — 16 N.Y.2d 812

Majority

p. 812

The People of the State of New York, Respondent, v. Eugene Riback, Appellant.

Argued June 9, 1965;

decided July 9, 1965.

p. 814

Nathan Klein and Maurice M. Friedman for appellant.

Leo A. Larkin, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for respondent.

Judgment reversed, the complaint dismissed and the fine remitted upon the ground that the guilt of defendant was not proven beyond a reasonable doubt. No opinion.

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