
    The People of the State of New York, Respondent, v. Samuel Manuel, Defendant-Appellant.
    Supreme Court, Appellate Term, First Department,
    February 15, 1974.
    
      Henry Blumenthal for appellant. Frank S. Hogan, District Attorney (Lewis R. Friedman and Allen Q. Swan of counsel), for respondent.
   Per Curiam.

As conceded by the respondent, there was a failure of proof that defendant-appellant’s conduct was proscribed by the statute.

Judgment of conviction reversed on the law and the facts, complaint dismissed, and fine remitted.

Concur — Quinn, P. J., Fine and Frank, JJ.  