Majority
p. 675The People of the State of New York, Respondent, v. Joseph Lucca, Appellant. Argued April 11, 1944; decided May 18, 1944.
p. 676
Louis J. Lefkowits for appellant.
Frank 8. Hogan, District Attorney (Milton H. Spiero of counsel), for respondent.
Judgments reversed and information dismissed on the ground that the evidence is insufficient to sustain a finding of guilt beyond a reasonable doubt. No opinion.
Concur: Ch. J., LoughraN, and Thacher, JJ. Dissenting: Lewis and DesmoNd, JJ. Taking no part: Rippey, J.