Opinion
Submitted October 6, 1947
Decided October 17, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, BERNSTEIN, J.
Isaac Rubin, Milton D. Jacobs and Albert M. Annunziata for appellant.
George M. Fanelli, District Attorney ( John C. Marbach of counsel), for respondent.
Judgments reversed and information dismissed upon the ground that the admissible evidence was not sufficient to warrant a finding of the guilt of the defendant beyond a reasonable doubt. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.