Majority
p. 629The People of the State of New York, Respondent, v. Orlando Paone and Frank Muoio, Appellants. Submitted October 23, 1945; decided November 29, 1945.
p. 631
Merwin Morehouse and Anthony 8. Picciotti for appellants.
Daniel J. O’Mara, District Attorney (Stephen K. Pollard of counsel), for respondent.
As to defendant Paone: Judgment affirmed. As to defendant Muoio: Judgments reversed and indictment dismissed upon the ground that the evidence was insufficient, as matter of law, to prove his guilt beyond a reasonable doubt. No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Taking no part: Medalie, J.