Majority
p. 661The People of the State of New York, Respondent, v. Sidney Churgin, Appellant. (Submitted March 6, 1933; decided April 11, 1933.)
Robert Diamond, Edward M. Bratter and Noah L. Braunstein for appellant.
William F. X. Oeoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
• Judgment reversed and information dismissed on the ground that the evidence does not warrant the conviction of the defendant of the crime charged. No opinion.
Concur: Pound, Ch. J., Crane, Lehman, Kellogg, Hubbs and Crouch, JJ.; O’Brien, J., dissents and votes to affirm.