People v. Apton — 7 N.Y.2d 842

Majority

p. 842

The People of the State of New York, Respondent, v. Vincent Apton, Appellant.

Argued October 19, 1959;

decided December 30, 1959.

p. 843

Edward P. Loeser for appellant.

Earry L. Rosenthal, District Attorney (Kenneth J. Smith of counsel), for respondent.

Judgment reversed, the complaint dismissed and the fine remitted upon the ground that the People failed to establish beyond a reasonable doubt that defendant violated the ordinance here involved. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Ftjld, Feoessel and Bubke. Taking no part: Judge Van Voobhis.