Opinion
Submitted November 23, 1931
Decided January 5, 1932
Appeal from the Supreme Court, Appellate Division, First Department.
George H. Combs, Jr., and John J. Babe, for appellant.
Thomas C.T. Crain, District Attorney ( Felix C. Benvenga and A.A. De Vito of counsel), for respondent.
Judgment of Appellate Division and that of the Court of General Sessions reversed and new trial ordered on opinion in People v. Reese ( 258 N.Y. 89).
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.