People v. Smith — 7 N.Y.2d 1031

Majority

p. 1031

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

Argued March 1, 1960;

decided March 31, 1960.

p. 1032

Charles H. Tenney, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for appellant.

Eugene R. Canudo and Jack Newton Lerner for respondent.

Order reversed and a new trial ordered. On this record there was sufficient evidence to permit the trier of facts to determine that defendant had knowledge of the overcrowding. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.