Opinion
June 15, 1945.
Present — Martin, P.J., Untermyer, Dore and Cohn, JJ.;
Judgment affirmed. No opinion.
Cohn, J., dissents and votes to reverse and dismiss the information on the ground that the presumption of intent to sell arising from possession was successfully rebutted by defendant's proof. ( People v. Wallace Company, 282 N.Y. 417; People [ Levinson] v. Waldorf System Incorporated, 257 App. Div. 626.)