decided: December 12, 1968.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WADE DAVIS, APPELLANT
Appeal, by permission of an Associate Judge of the Court of Appeals, from a judgment of the Appellate Term of the Supreme Court in the First Judicial Department, entered May 23, 1968, affirming a judgment of the Criminal Court of the City of New York (Frederick L. Strong, P. J., Seymour B. Quel and William S. Shea, JJ., at time of conviction; Thomas E. Rohan, P. J., Evelyn Richman and Thomas G. Weaver, JJ., at time of sentence), rendered in New York County, which convicted defendant of a violation of section 1897 of the former Penal Law (possession of dangerous weapon).
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
As frankly acknowledged by the District Attorney, defendant was not proven guilty of the crime charged beyond a reasonable doubt.
Judgment reversed and the information dismissed.
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