Opinion
Submitted June 3, 1938
Decided July 7, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Frank P. Greenberg and Herman Gross for appellant.
William F.X. Geoghan, District Attorney ( Henry J. Walsh of counsel), for respondent.
The judgment should be affirmed. In this case there is proof, lacking in People v. Berman ( 278 N.Y. 408), decided herewith, of a delivery even though insufficient to pass title.
The judgment should be affirmed.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; RIPPEY, J., dissents; CRANE, Ch. J., taking no part.
Judgment affirmed.