Opinion
Argued January 20, 1954
Decided March 12, 1954
Appeal from the Court of General Sessions of New York County, GOLDSTEIN, J.
Jacob Shientag and Max Fruchtman for appellant.
Frank S. Hogan, District Attorney ( Richard G. Denzer, Charles W. Manning, Jack M. Cotton and Leonard E. Reisman of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: CONWAY, DYE, FULD and FROESSEL, JJ. LEWIS, Ch. J., DESMOND and VAN VOORHIS, JJ., dissent and vote for reversal and a new trial on the ground that the court's charge did not "marshal the evidence" as required by People v. Odell ( 230 N.Y. 481).