People v. Simon
201 N.Y.S.2d 593
N.Y. App. Div.1960Check TreatmentJudgment 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.