People v. Finklestein

Judgment of conviction reversed and the indictment dismissed, on the ground that the court should have granted the motion to dismiss the indictment for failure of proof. It does not appear that it is necessary or proper to grant a new trial. Van Kirk, P. J., Hinman, Hiil and Hasbrouck, JJ., concur; Davis, J., dissents, and votes for a new trial, with a memorandum.