Opinion
Argued October 16, 1958
Decided January 8, 1959
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the First Judicial Department, JAMES R. CREEL, M., A. LAWRENCE ACQUAVELLA, M.
M. Arthur Hammer for appellant.
Frank S. Hogan, District Attorney ( Charles W. Manning and Peter J. O'Connor of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and BURKE. Judges FULD and VAN VOORHIS dissent and vote to dismiss the complaint upon the ground that there was no evidence to establish solicitation upon the part of defendant as required by the statute.