Majority
p. 751The People of the State of New York, Respondent, v. Harry Miller, Appellant. Argued October 5, 1939; decided October 20, 1939.
p. 752
Harry B. Siegel, Samuel Paige and David L. Malbin for appellant.
William F. X. Geoghan, District Attorney (Edward H. Levine of counsel), for respondent.
Judgments reversed and information dismissed. The evidence was insufficient to sustain a conviction. No opinion.
Concur: Crane, Ch. J., Lehman, Htjbbs, Loughran, Finch and Rippey, JJ. Taking no part, O’Brien, J.