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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REUBEN GLASSMAN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

Judgments reversed on the law, information dismissed and defendants discharged. The evidence does not establish beyond a reasonable doubt that the defendants carried the icepicks, screwdriver, razor and vegetable knife with intent to use them against the person of another. We assume, without deciding, that some of the tools enumerated, such as icepicks, screwdriver and vegetable knife, are dangerous weapons within the meaning of section 1897 of the Penal Law. Lazansky, P.J., Hagarty, Carswell and Johnston, JJ., concur; Davis, J., dissents and votes to affirm.

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PEOPLE v. GLASSMAN
(Dec 16, 1938)