Opinion
Argued January 16, 1940
Decided February 27, 1940
Appeal from the Appellate Part of the Court of Special Sessions of the City of New York, Second Department, LA GUARDIA, J.
Harry Becker for appellant.
Charles P. Sullivan, District Attorney ( Edmund C. Rowan of counsel), for respondent.
Judgments reversed and information dismissed on the ground that the evidence did not sufficiently establish that the conduct of the defendant reasonably tended in the circumstances toward a breach of the peace. (Cf. Penal Law, § 1140-a.) No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.