Opinion
Argued March 1, 1945
Decided April 12, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, PAIGE, P.J.; TROY and KOZICKE, JJ.
Joseph Aronstein for appellant.
William O'Dwyer, District Attorney ( William I. Siegel of counsel), for respondent.
Judgments reversed and a new trial ordered. The proof as to the defendant's possession of the policy slips was insufficient as a matter of law to sustain the judgment of conviction. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.