Opinion
Submitted April 23, 1942
Decided May 28, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, PINTO, J.
Leo Shapiro for appellant.
William Dwyer, District Attorney ( Edward H. Levine of counsel), for respondent.
Judgments reversed and complaint dismissed on the authority of People v. Richardson ( 287 N.Y. 563). No opinion. (See 288 N.Y. 735.)
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: FINCH and CONWAY, JJ.