Opinion
Argued December 3, 1942
Decided January 14, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, BAILEY, J., County Judge of Putnam County.
Louis Waldman, Samuel Duker and Harold Stern for Harry Van Arsdale, Jr., appellant.
Harold Stern and Walter M. Colleran for Charles Mangano, appellant.
Charles P. Sullivan, District Attorney ( J. Irwin Shapiro of counsel), for respondent.
As to the defendant Mangano, judgment affirmed.
As to the defendant Van Arsdale, Jr., judgments reversed and indictment dismissed, upon the ground that the evidence is legally insufficient to prove his guilt of the single count upon which he stands convicted. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY LEWIS, CONWAY and DESMOND, JJ.