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People v. Abruzzese

278 N.Y. 411 Court N.Y. Decision date 1938-07-07 English

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p. 411
The People of the State of New York, Respondent, v. Leonard Abruzzese, Appellant.
Submitted June 3, 1938;
decided July 7, 1938.
p. 413
Frank J. Pino for appellant.
The People failed to prove a delivery within the meaning of either section. (People v. Goldberg, 146 App. Div. 950 ; 131 N. Y. Supp. 481 ; People v. Visconti, 234 N. Y. 165 ; People v. Kaminsky, 245 App. Div. 768 ; 280 N. Y. Supp. 900 .)
William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
The appellant’s guilt was proved beyond a reasonable doubt. (People v. Goldberg, 146 App. Div. 950 ; People v. Visconti, 234 N. Y. 165 .)

The judgment should be affirmed. In this case there is proof, lacking in People v. Berman ( 278 N. Y. 408 ), decided herewith, of a delivery even though insufficient to pass title.

The judgment should be affirmed.

Lehman, O’Brien, Htjbbs, Loughran and Finch, JJ., concur; Rippey, J., dissents; Crane, Ch. J., taking no part.

Judgment affirmed.

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