Majority
p. 811The People of the State of New York, Respondent, v. James Joseph Jacovacci, Appellant. Argued October 9, 1944; decided November 16, 1944.
Michael F. Pinto and Benjamin D. Stein for appellant.
Edward J. Neary, District Attorney (Philip Huntington of counsel), for respondent.
p. 812
Judgments reversed and information dismissed on the ground that the evidence does not establish that the defendant has been more than once convicted “ as a pickpocket, thief or burglar ”. No opinion.
Concur: Lehman, Ch. J., Louohran, Rippey, Lewis, Conway, Desmond and Thacher, JJ.