
    The People of the State of New York, Respondent, v. Leonard Abruzzese, Appellant.
    Submitted June 3, 1938;
    decided July 7, 1938.
    
      
      Frank J. Pino for appellant.
    The People failed to prove a delivery within the meaning of either section. (People v. Goldberg, 146 App. Div. 950; 131 N. Y. Supp. 481; People v. Visconti, 234 N. Y. 165; People v. Kaminsky, 245 App. Div. 768; 280 N. Y. Supp. 900.)
    
      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
    The appellant’s guilt was proved beyond a reasonable doubt. (People v. Goldberg, 146 App. Div. 950; People v. Visconti, 234 N. Y. 165.)
   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’Brien, Htjbbs, Loughran and Finch, JJ., concur; Rippey, J., dissents; Crane, Ch. J., taking no part.

Judgment affirmed.  