Opinion
Argued October 13, 1953
Decided October 23, 1953
Appeal from the Supreme Court, Appellate Division, First Department, FLOOD, J.
Samuel Bernstein, Maurice G. Fleischman and Alfred I. Dittler for appellant.
George B. De Luca, District Attorney ( John B. Lee and Herman J. Fliederblum of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. FULD and VAN VOORHIS, JJ., dissent and vote to reverse and to dismiss the information upon the ground that the evidence fails to establish defendant's guilt beyond a reasonable doubt as matter of law. ( People v. Carpenito, 292 N.Y. 498; People v. Soshtain, 288 N.Y. 658; People v. Richardson, 287 N.Y. 563; People v. Marra, 289 N.Y. 703.)