Majority
p. 728The People of the State of New York, Respondent, v. Mitchell D. B. Smith, Appellant.
Judgment of conviction reversed on the facts and a new trial granted, on the ground that the finding of the jury to the effect that the false representations set forth in the indictment were the inducing cause of the making of the loan and the giving of the $10,000 check mentioned in the indictment was against the weight of the evidence. All concur, except Taylor and Thompson, JJ., who dissent and vote for affirmance. Present —- Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.