Majority
p. 847The People of the State of New York, Respondent, v. John E. Kipp and John Marcy, Appellants.
Judgment of conviction of the Court of Special Sessions of the City of New York affirmed as to defendant Kipp. Judgment of conviction of defendant Marcy reversed upon the law and the facts, and complaint dismissed for failure of proof. Lazansky, P. J., Rich, Hagarty, Seeger and Carswell, JJ., concur.