Opinion
Submitted March 6, 1933
Decided April 11, 1933
Appeal from the Supreme Court, Appellate Division, Second Department.
Robert Diamond, Edward M. Bratter and Noah L. Braunstein for appellant.
William F.X. Geoghan, District Attorney ( Henry J. Walsh of counsel), for respondent.
Judgment reversed and information dismissed on the ground that the evidence does not warrant the conviction of the defendant of the crime charged. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, HUBBS and CROUCH, JJ.; O'BRIEN, J., dissents and votes to affirm.