Opinion
Argued November 19, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, First Department, BOHAN, J.
Frederick Evan Crane and Louis B. Boudin for appellant.
Thomas E. Dewey, District Attorney ( Stanley H. Fuld and Eugene A. Leiman of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and LOUGHRAN, J., on the ground that there were errors committed at the trial which in their opinion were clearly prejudicial.