Majority
p. 996The People of the State of New York, Respondent, v. Theodore Williams, Appellant. Argued October 24, 1957; decided December 6, 1957.
p. 997
Maurice Edelbaum for appellant.
Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge Conway and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Judge Desmond dissents and votes to reverse upon the ground that there is no proof of intent. (See Penal Law, § 408.)