Opinion
February 25, 1944.
Appeal from Court of Special Sessions of the City of New York, New York County.
Judgments affirmed. No opinion. Martin, P.J., Townley, Glennon and Cohn, JJ., concur; Callahan, J., dissents in opinion.
I dissent and vote to reverse the judgment of conviction of defendant Miller, and to order a new trial, upon the ground that the evidence was insufficient to establish a completed larceny by her, even though it may have shown an attempt to commit that crime. As to the remaining defendants, I vote to reverse the judgments and to dismiss the informations upon the ground that the evidence was insufficient to establish beyond a reasonable doubt that these defendants knew that defendant Miller intended to steal the property involved.