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Judgment reversed and information dismissed. The proof presented by the People failed to establish beyond a reasonable doubt that this defendant violated the provisions of section 974 of the Penal Law as charged in the information.
Concur: Chief Judge Fold and Judges Van Voorhis, Keating and Breitel. Judges Burke, Scilbppi and Bergan dissent and vote to affirm.
Document Info
Filed Date: 1/19/1967
Precedential Status: Precedential
Modified Date: 10/19/2024