Opinion
June 22, 1943.
Present — Martin, P.J., Townley, Untermyer, Cohn and Callahan, JJ.; Untermyer, J., dissents and votes to reverse and dismiss the information as to all defendants, and Cohn, J., dissents as to the defendant Rangel, and votes to reverse and dismiss the information as to her on the ground that her guilt was not established beyond a reasonable doubt. Settle order on notice.
Judgment, insofar as it convicts defendants Kohl and McDermott of violation of section 1141 of the Penal Law, reversed, the information dismissed and the fines remitted, on the ground that the evidence was insufficient to establish the crime charged beyond a reasonable doubt. (Martin, P.J., dissents and votes to affirm.) Insofar as it convicts defendants Kohl, McDermott and Rangel of violation of section 1140 of the Penal Law, the judgment is affirmed.