Majority
p. 772The People of the State of New York, Respondent, v. John Sanacory, Appellant.
Judgment of conviction affirmed. No opinion. Lazansky, P. J., Hagarty, Tompkins and Davis, JJ., concur; Scudder, J., dissents and votes for reversal and a new trial with the following memorandum: I think the omission of the court to charge that the defendant must be presumed to be innocent until the contrary is proven beyond a reasonable doubt calls for a reversal. I find no error as to the facts.