Argued January 17, 1961
Decided March 2, 1961
Appeal from the County Court of Madison County, VERNE L. WHALEN, J.
Spencer G. Feldman, District Attorney, for appellant.
Joe Schapiro for respondent.
Order of the County Court reversed and the case remitted to that court upon the ground that at the time in question the defendant was in a public place. Since the order of reversal does not comply with section 543-a of the Code of Criminal Procedure in that it does not state whether its determination is upon the law or the facts or both, we must presume (§ 543-a, subd. 4) that it was upon the law alone and, therefore, remit this appeal to the County Court for a determination of the questions of fact. ( People v. Kruger, 302 N.Y. 447.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.