People v. Mack — 9 N.Y.2d 637

Majority

p. 637

The People of the State of New York, Respondent, v. James A. Mack, Appellant.

Argued October 20, 1960;

decided January 12, 1961.

p. 638

Simeon Golar for appellant.

Frank S. Hogan, District Attorney (Arthur C. Muhlstock and Charles W. Manning of counsel), for respondent.

Judgment reversed and complaint dismissed upon the ground that the evidence was insufficient to support the conviction. No opinion.

Concur: Judges Dye, Fuld, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judge Burke dissent and vote to affirm (People v. Harvey, 307 N. Y. 588 , 590; People v. Lundstedt, 6 N Y 2d 898 ; People v. MacDonnell, 7 N Y 2d 806 ; People v. Mathews, 7 N Y 2d 1000 ).