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.