Opinion
Argued May 28, 1940
Decided June 14, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
Sydney Rosenthal and Benjamin J. Jacobson for appellant.
Charles P. Sullivan, District Attorney ( J. Irwin Shapiro and George P. Stier of counsel), for respondent.
Judgments reversed and indictment dismissed on the ground that the evidence is not sufficient to prove guilt beyond a reasonable doubt. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.