
    The People of the State of New York, Respondent, v. Joseph Ring, Appellant.
    Submitted June 3, 1938;
    decided July 7, 1938.
    
      
      Frank P. Greenberg and Herman Gross for appellant.
    The judgment of conviction is contrary to law. (People v. Berman, 254 App. Div. 98; People v. Goldberg, 146 App. Div. 950; Stanley v. Dryer, 70 Misc. Rep. 561; People v. Kaminsky, 245 App. Div. 768.) There was no delivery and the conviction is against the weight of evidence. (People v. Goldberg, 146 App. Div. 950; People v. Kaminsky, 245 App. Div. 768.)
    
      William F. X. Geoghan, District Attorney {Henry J. Walsh of counsel), for respondent.
    Defendant’s guilt was proved beyond a reasonable doubt. (People v. Goldberg, 146 App. Div. 950; People v. Visconti, 234 N. Y. 165; Abounader v. Strohmeyer & Arpe Co., 243 N. Y. 458.)
   Per Curiam.

The judgment should be affirmed. In this case there is proof, lacking in People v. Berman (278 N. Y. 408), decided herewith, of a delivery even though insufficient to pass title.

The judgment should be affirmed.

Lehman, O’Bbien, Hubbs, Loughban and Finch, JJ., concur; Rippey, J., dissents; Crane, Ch. J., taking no part.

Judgment affirmed.  