People v. Kelly , 160 N.Y.S.2d 976 ( 1957 )

Judgment unanimously reversed, the indictment dismissed, and defendant released from custody. On the entire record there was insufficient proof to establish, beyond a reasonable doubt, the unlawful intent. (See People v. Adamkiewicz, 298 N. Y. 176.) Concur — ■ Breitel, J. P., Botein, Rabin, Valente and McNally, JJ.