Opinion
Argued March 6, 1940
Decided April 9, 1940
Appeal from the Court of General Sessions of New York County, WALLACE, J.
Frederick J. Sullivan, Samuel W. Greenwald and Thomas B. Dyett for appellant.
Thomas E. Dewey, District Attorney ( Stanley H. Fuld and Manuel Robbins of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: LEHMAN, Ch. J., FINCH, RIPPEY, SEARS and LEWIS, JJ. LOUGHRAN and CONWAY, JJ., dissent on the ground that it was material error to receive in evidence statements made by the deceased in the presence of the defendant when the defendant was in custody.