PEOPLE v. LINDLOFF

Judgment reversed on the law, the information dismissed and defendant discharged. The facts alleged in the information, to establish which evidence was adduced by the prosecution, do not constitute a violation of section 483. If established by sufficient evidence, the facts so alleged would constitute a violation of section 483-b, but defendant was not tried, convicted or sentenced for a violation of the latter section. If the evidence adduced at the trial could be taken as supporting a charge of violating section 483-b, as matter of law it would not establish defendant's guilt beyond a reasonable doubt. Lazansky, P.J., Hagarty, Johnston, Adel and Taylor, JJ., concur.