People v. Gallagher

Judgment of conviction by a city magistrate, sitting as a Court of Special Sessions, reversed on the law and the facts, information dismissed and fine directed to be remitted. Defendant’s conviction is contrary to the evidence. Young, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs for reversal but votes for a new trial; Kapper, J., dissents and votes to affirm.