
    The People of the State of New York, Respondent, v. Sidney Markman and David Goldberg, Appellants.
    Argued October 17, 1939;
    decided November 30, 1939.
    
      David F. Price and Harry Werner for Sidney Markman, appellant.
    
      Leo Heady for David Goldberg, appellant.
    
      William F. X. Geoghan, District Attorney (Edward H. Levine of counsel), for respondent.
   As to the defendant Markman; Judgment of conviction affirmed; no opinion.

As to the defendant Goldberg: Judgment of conviction reversed and new trial ordered. The evidence is not sufficient to warrant the finding of the defendant’s guilt beyond a reasonable doubt. No opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Lottghran, Finch and Rippey, JJ. Taking no part: O’Brien, J.  