(dissenting). Upon the record in the case at bar there was a preponderance of proof against the finding of petitioner’s guilt (Civ. Prac. Act, § 1296, subds. 6, 7; People ex rel. Gilson v. Gibbons, 231 N. Y. 171, 177; Matter of Weber v. Town of Cheektowaga, 284 N. Y. 377, 380) ; and the determination of guilt on the second charge is inconsistent with acquittal of petitioner and the other officer on the extortion charge.
Accordingly, I dissent and vote to annul and grant a new trial.