Judgment affirmed; no opinion.
*606Concur: Lewis, Ch. J., Conway, Desmond, Dye and Frobssel, JJ. Fuld and Van Voorhis, JJ., dissent and vote to reverse and to dismiss the information upon the ground that the evidence fails to establish defendant’s guilt beyond a reasonable doubt as matter of law. (People v. Garpenito, 292 N. Y. 498; People v. Soshtain, 288 N. Y. 658; People v. Richardson, 287 N. Y. 563; People v. Marra, 289 N. Y. 703.)