People v. Rotter

Judgment of conviction rendered in the Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of a violation of section 188 of the Agriculture and Markets Law reversed on the law, information *804dismissed and fine remitted. Section 188 of the Agriculture and Markets Law contemplates a delivery of merchandise which is less in quantity than that represented, although such delivery may be conditioned upon payment. (People v. Kaminsky, 245 App. Div. 768; People v. Abruzzese, 254 id. 709; affd., 278 N. Y. 411; People v. Berman, Id. 408.) The proof in the case at…