Opinion
Argued April 21, 1943
Decided June 18, 1943
Appeal from the Supreme Court, Appellate Division, Fourth Department, KOHLMETZ, J.
Milo I. Tomanovich for appellant.
Daniel J. O'Mara, District Attorney ( Stephen K. Pollard of counsel), for respondent.
Judgments modified by reversing so much thereof as convict defendant on the second count of the indictment, and said second count dismissed; otherwise judgments affirmed. The record fails to disclose evidence sufficient in law to justify a finding of defendant's guilt of a violation of section 408 of the Penal Law. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.