Opinion
Argued October 17, 1939
Decided November 30, 1939
Appeal from the Kings County Court, BRANCATO, J.
David F. Price and Harry Werner for Sidney Markman, appellant.
Leo Healy for David Goldberg, appellant.
William F.X. Geoghan, District Attorney (Edward H. Levine of counsel), for respondent.
As to the defendant Markman: Judgment of conviction affirmed; no opinion.
As to the defendant Goldberg: Judgment of conviction reversed and new trial ordered. The evidence is not sufficient to warrant the finding of the defendant's guilt beyond a reasonable doubt. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.