Opinion
Argued November 16, 1948
Decided December 2, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, DI GIOVANNA, P.J., DE LUCA, BALSAM, JJ.
Bernhardt M. Meisels for appellant.
Miles F. McDonald, District Attorney ( Frank Di Lalla of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and FULD, JJ. CONWAY and DYE, JJ., dissent and vote to reverse the judgment except insofar as it convicts the defendant of selling liquor without a license on the ground that the evidence was not sufficient to warrant the finding of guilt thereunder beyond a reasonable doubt ( Tenement House Dept. v. McDevitt, 215 N.Y. 160).