¶1Judgment unanimously reversed, the indictment dismissed, and defendant released from custody. On the entire record there was insufficient proof to establish, beyond a reasonable doubt, the unlawful intent. (See People v. Adamkiewicz, 298 N. Y. 176.) Concur — ■ Breitel, J. P., Botein, Rabin, Valente and McNally, JJ.
3 A.D.2d 818
People v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1957
Appellate Division of the Supreme Court of the State of New York · decided 1957-04-02
Relies on People v. Adamkiewicz
Decided 1957-04-02