Opinion
Submitted June 3, 1938
Decided July 7, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Frank J. Pino for appellant.
William F.X. Geoghan, District Attorney ( Henry J. Walsh of counsel), for respondent.
The judgment should be affirmed. In this case there is proof, lacking in People v. Berman ( 278 N.Y. 408), decided herewith, of a delivery even though insufficient to pass title.
The judgment should be affirmed.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; RIPPEY, J., dissents; CRANE, Ch. J., taking no part.
Judgment affirmed.