Opinion
Argued January 10, 1961
Decided March 2, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HYMAN BARSHAY, J.
Stanley J. Reiben for appellant.
Edward S. Silver, District Attorney ( Aaron Nussbaum of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER. Judges FROESSEL and BURKE dissent and vote to reverse upon the ground that, when the jury acquitted defendant of robbery, they could not lawfully convict defendant of both grand larceny and assault inasmuch as their combination amounted to robbery. A new trial should be ordered.