Judgment affirmed. No opinion. Present — Dowling, P. J., Merrell, Finch, MeAvoy and Proskauer, JJ.; Finch and Pros
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kauer, JJ., dissent and vote to reverse judgment of conviction and discharge defendant, on the ground that the evidence shows that defendant never had either actual or constructive possession of "the firearm. (People v. Persce, 204 N. Y. 397.)