Opinion
October 13, 1959
Appeal from a judgment rendered by a City Magistrate of the City of New York, holding a Court of Special Sessions in the Borough of Queens, sentencing appellant to pay a fine of $25 or to serve five days, after he had been found guilty of book-making (Penal Law, § 986). The fine was paid. Judgment reversed on the law and the facts, information dismissed, and fine remitted. In our opinion, the evidence was not sufficient beyond a reasonable doubt to justify the rejection of appellant's testimony. Upon appellant's testimony, he was not guilty of the crime charged in the information (see, e.g., People v. Gargano, 267 App. Div. 776; People v. Hjalte, 279 App. Div. 762; People ex rel. Collins v. McLaughlin, 60 Misc. 306, affd. 128 App. Div. 599). Nolan, P.J., Wenzel, Ughetta, Hallinan and Kleinfeld. JJ., concur.