Majority
p. 864The People of the State of New York, Respondent, v. Dwynell Hollins and James H. Martin, Appellants. Argued April 18, 1967; decided May 16, 1967.
Vincent E. Doyle, Jr., for Dwynell Hollins, appellant.
Nathan A. Boric for James H. Martin, appellant.
Michael F. Dillon, District Attorney (Arthur G. Baumeister and Barbara M. Sims of counsel), for respondent.
Judgments reversed and indictment dismissed upon the ground that the evidence was not sufficient to establish the guilt of defendants beyond a reasonable doubt. (People v. Lindsey, 12 N Y 2d 958 , affg. 16 A D 2d 805 .)
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Bergan and Breitel. Judges Scileppi and Keating dissent and vote to affirm upon the ground that there was sufficient evidence upon which the jury could find that both defendants were sellers of narcotics rather than purchasers or agents for the police.
Cases cited
- People v. Lindsey 12 N Y 2d 958 p. 864
- People v. Lindsey 16 A D 2d 805 p. 864