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People v. Ring

278 N.Y. 413 Court N.Y. Decision date 1938-07-07 English

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p. 413
The People of the State of New York, Respondent, v. Joseph Ring, Appellant.
Submitted June 3, 1938;
decided July 7, 1938.
p. 415
Frank P. Greenberg and Herman Gross for appellant.
The judgment of conviction is contrary to law. (People v. Berman, 254 App. Div. 98 ; People v. Goldberg, 146 App. Div. 950 ; Stanley v. Dryer, 70 Misc. Rep. 561 ; People v. Kaminsky, 245 App. Div. 768 .) There was no delivery and the conviction is against the weight of evidence. (People v. Goldberg, 146 App. Div. 950 ; People v. Kaminsky, 245 App. Div. 768 .)
William F. X. Geoghan, District Attorney {Henry J. Walsh of counsel), for respondent.
Defendant’s guilt was proved beyond a reasonable doubt. (People v. Goldberg, 146 App. Div. 950 ; People v. Visconti, 234 N. Y. 165 ; Abounader v. Strohmeyer & Arpe Co., 243 N. Y. 458 .)

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’Bbien, Hubbs, Loughban and Finch, JJ., concur; Rippey, J., dissents; Crane, Ch. J., taking no part.

Judgment affirmed.

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