PEOPLE v. AVERY, 279 N.Y. 601 (1938)

17 N.E.2d 457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK AVERY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX ROSENSWAIKE, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY YALE, Appellant.

Court of Appeals of the State of New York.Argued October 10, 1938
Decided October 25, 1938

Appeal from the Supreme Court, Appellate Division, Second Department.

Page 602

Allen Caruthers for Frederick Avery, appellant.

Elvin N. Edwards for Alex Rosenswaike and Harry Yale, appellants.

William F.X. Geoghan, District Attorney (George F. Palmer, Jr., of counsel), for respondent.

As to each defendant: judgment affirmed; no opinion.

Concur: LEHMAN, O’BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: CRANE, Ch. J., and RIPPEY, J.