Majority
p. 827The People of the State of New York, Appellant, v. Alex Horowitz, Respondent. Argued May 22, 1957; decided July 3, 1957.
p. 828
T. Paul Kane, District Attorney, for appellant.
Peter A. Daniels for respondent.
Louis J. Lefkowitz, Attorney-General (John R. Davison, Philip J. Fitzgerald and Peter E. Herzog of counsel), in his statutory capacity under section 71 of the Executive Law.
Order affirmed upon the ground that the evidence adduced was insufficient to sustain a conviction. No opinion.
Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.