People v. Simon , 201 N.Y.S.2d 593 ( 1960 )

Judgment of conviction reversed on the law and on the facts and information dismissed and the bail exonerated on the ground that there is a reasonable doubt -that the defendant’s alleged act came within the purview of the statute. Concur- — Breitel, J. P., Stevens and Noonan, JJ.;, Rabin, J. and McNally, J. dissent and vote to affirm.