People v. Politi — 19 N.Y.2d 623

Majority

p. 623

The People of the State of New York, Respondent, v. Anthony Politi, Appellant.

Argued January 5, 1967;

decided January 19, 1967.

p. 624

Vincent W. Lanna for appellant.

Leonard Bubenfeld, District Attorney (Jerome K. Karver 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 of the Penal Law as charged in the information.

Concur: Chief Judge Fold and Judges Van Voorhis, Keating and Breitel. Judges Burke, Scilbppi and Bergan dissent and vote to affirm.