Peoplev.Mitchell, Acquista, Norman

Court of Appeals of the State of New YorkOct 18, 1946
296 N.Y. 672 (N.Y. 1946)
296 N.Y. 67270 N.E.2d 168

Argued October 7, 1946

Decided October 18, 1946

Appeal from the Supreme Court, Appellate Division, First Department, McDONALD, P.J., PAIGE, NORTHROP, JJ.

Stanley A. Katcher for Jay Mitchell and Jessica Norman, appellants.

Morris L. Ernst, Alexander Lindey and Theodora S. Zavin for The Society of Magazine Photographers, amicus curiae. Frank S. Hogan, District Attorney ( Whitman Knapp and David Du Vivier of counsel), for respondent.

Judgments reversed and informations dismissed upon the ground that the evidence was insufficient to establish the guilt of any of the defendants beyond a reasonable doubt. No opinion.

Concur: LEWIS, CONWAY, THACHER, DYE and FULD, JJ. LOUGHRAN, Ch. J., and DESMOND, J., concur as to the defendants Acquista and Norman, but dissent and vote to affirm the judgment as to the defendant Mitchell.