Judgment of conviction of the Court of Special Sessions, borough of Brooklyn, reversed on the law and the facts, information dismissed and defendant discharged. We agree with Justice Salmon, who dissented from the conviction, that on the evidence here the police officers had no right to arrest the defendant without a warrant. ( People v. Hochstim, 36 Misc. 562; Civil Rights Law, § 8.) Kelly, P.J., Rich, Jaycox, Manning and Young, JJ., concur.
Amd. by Laws of 1923, chap. 80. — [REP.