Majority
p. 876The People of the State of New York, Respondent, v. Frederick Liebenthal, Appellant. Argued October 16, 1958; decided January 8, 1959.
M. Arthur Hammer for appellant.
Frank S. Hogan, District Attorney (Charles W. Manning and Peter J. O’Connor of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge Conway and Judges Desmond, Dye, Froessel and Burke. Judges Fuld and Van Voorhis dissent and vote to dismiss the complaint upon the ground that there was no evidence to establish solicitation upon the part of defendant as required by the statute.