Opinion
Argued June 7, 1948
Decided July 16, 1948
Appeal from the Supreme Court, Appellate Division, First Department, ANDREWS, M.
Edward Halle for appellants.
Frank S, Hogan, District Attorney ( Harold Roland Shapiro and Whitman Knapp of counsel), for respondent.
Judgments reversed and new trials ordered upon the ground that the undisputed evidence is that defendants tendered a check in payment for their lodging and other accommodations upon demand by the hotel; in the absence of competent evidence that the check was worthless, such tender overcomes the presumption created by section 925 of the Penal Law. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER, DYE and FULD, JJ. Taking no part: CONWAY, J.