
    The People of the State of New York, Respondent, v. Charles Kobryn, Appellant.
    Argued April 21, 1943;
    decided June 18, 1943.
    
      
      Milo I. Tomanovich for appellant.
    
      Daniel J. O’Mara, District Attorney (Stephen K. Pollard of counsel), for respondent.
   Judgments modified by reversing so much thereof as convict defendant on the second count of the indictment, and said second count dismissed; otherwise judgments affirmed. The record fails to disclose evidence sufficient in law to justify a finding of defendant’s guilt of a violation of section 408 of the Penal Law. No opinion.

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