
    The People of the State of New York, Respondent, v. Ben Weiss, Appellant.
    (Argued October 23, 1933;
    decided November 21, 1933.)
    
      
      Harry Tabershaw and Theodore N. Tarlau for appellant.
    
      Thomas C. T. Crain, District Attorney (Joshua Egelson of counsel), for respondent.
   Judgment reversed and information dismissed on the ground that there is no evidence of present intent to defraud when the check was given. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.  