
    The People of the State of New York, Respondent, v. William C. Downey, Appellant.
    (Argued October 19, 1931;
    decided November 17, 1931.)
    
      Milton 0. Auchmoody and Newton H. Fessenden for appellant.
    The verdict was contrary to the weight of evidence and the jury could not have found upon the evidence beyond any reasonable doubt that the defendant was sane. (People v. Klvana, 241 N. Y. 481.)
    
      Harrison I. Gardener, District Attorney (Jsadore Book-stein of counsel), for respondent.
    The evidence beyond reasonable doubt demonstrated that defendant was not the victim of insane delusions. (Penal Law, § 1120; People v. Taylor, 138 N. Y. 398; People v. Farraro, 161 N. Y. 365; People v. Schmidt, 216 N. Y. 324; People v. Silverman, 181 N. Y. 235.)
   Per Curiam.

The evidence does not justify us in holding, in opposition to the verdict of the jury, that the defendant was laboring under such a defect of reason as not to know the nature and quality of his act, or not . to know that it was wrong. (Penal Law, § 1120.) Whether he was insane in such a sense or in such a degree as to render the imposition of the death penalty unjust or inexpedient is a question that will merit consideration if an application is made for executive clemency.

The judgment of conviction should be affirmed.

Cardozo, Ch. J., Pound, Crane, O’Brien and Hubbs, JJ., concur; Lehman, J., dissents upon the ground that the trial judge did not properly submit to the jury the question whether the homicide was from a deliberate and premediated design to kill, and Kellogg, J., dissents upon the ground that the verdict is against the weight of evidence.

Judgment affirmed.  