Opinion
Submitted January 9, 1945
Decided February 21, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, DOYLE, P.J., HOFMANN, J., WIEBOLDT, J., DE LUCA, BURLINGAME, JJ.
George W. Herz for appellant.
Charles P. Sullivan, District Attorney ( James F.T. Delaney of counsel), for respondent.
Judgments reversed and information dismissed on the ground that the evidence is not sufficient to sustain the conviction. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.