People v. Smith — 27 N.Y.2d 775

Majority

p. 775

The People of the State of New York, Appellant, v. Craig Smith, Respondent.

Argued September 21, 1970;

decided October 8, 1970.

p. 776

William Cahn, District Attorney (George B. Costigan, Jr. of counsel), for appellant.

Alan Manning Miller for respondent.

Order affirmed. Although ordinance here involved is of questionable validity, we place our affirmance upon the ground that the proof adduced did not establish defendant’s guilt beyond a reasonable doubt. No opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.