Opinion
Argued October 5, 1937
Decided October 19, 1937
Appeal from the Supreme Court, Appellate Division, Second Department.
Edward T. Tighe for appellant.
John J. Bennett, Jr., Attorney-General ( Patrick H. Clune and Thomas H. McNamee of counsel), for respondent.
Orders reversed, and matter remitted to the Court of General Sessions of the County of New York to determine upon a proper record whether relator was armed within the meaning of section 1944 of Penal Law at the time of the commission of the felony in question; and relator remanded for resentence. ( People v. Caruso, 249 N.Y. 302; People v. Krennen, 264 N.Y. 108.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.