Opinion
Argued January 8, 1948
Decided March 11, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Joseph Lonardo for appellant.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, THACHER, DYE and FULD, JJ. Dissenting: CONWAY and DESMOND, JJ., upon the ground that the evidence was not sufficient to warrant the finding of the defendant's guilt beyond a reasonable doubt.