
    The People of the State of New York, Respondent, v. Frank Derner, Appellant.
    Argued March 12, 1942;
    decided April 30, 1942.
    
      Heffren J. Cohen and Joseph Ambrusko for appellant.
    
      John S. Marsh, District Attorney (Anthony L. Pusateri of counsel), for respondent.
   Judgments reversed and a new trial ordered on the ground that the evidence is insufficient to sustain the finding of guilt beyond a reasonable doubt. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey and Conway, JJ. Dissenting: Finch, Lewis and Desmond, JJ.  