Opinion
Argued May 20, 1943
Decided June 18, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, BRANCATO, J.
Alfred A. Duffy and Benjamin Schifter for appellant.
Thomas Cradock Hughes, Acting District Attorney ( Henry J. Walsh of counsel), for respondent.
Judgments reversed and indictment dismissed. There is in this record no proof of such conscious, exclusive and personal possession as would warrant the jury in convicting the defendant of larceny. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.