Majority
p. 670The People of the State of New York, Respondent, v. Harold Silverman, Benjamin N. Spevack, William Goldis and Samuel Schorr, Appellants. Argued June 1, 1938; decided July 7, 1938.
p. 671
Morris Spevack, Haskel Jacobs and Emanuel Bloch for Benjamin N. Spevack, appellant.
Edward C. Maguire and Edmond B. Butler for William Goldis, appellant.
Louis H. Solomon and Arthur Imbell for Samuel Schorr, appellant.
Sol A. Klein for Harold Silverman, appellant.
Thomas E. Dewey, District Attorney (Barent Ten Eyck, Felix C. Benvenga and E. G. Stoddard of counsel), for respondent.
As to defendants Spevack, Goldis and Schorr: judgment affirmed. As to defendant Silverman: judgment reversed and information dismissed on the ground that his guilt has not been proven beyond a reasonable doubt. No opinion.
Concur: Lehman, O’Brien, Loughran and Rippey, JJ.; Hubbs and Finch, JJ., concur as to Spevack, Goldis and Schorr, but dissent as to Silverman and vote to affirm as to him. Taking no part: Crane, Ch. J.