Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Judgment in favor of defendant Schmidlin affirmed, with costs. Judgment in favor of defendant Sullivan, and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
We feel that section 439 of the Penal Law is not applicable to the facts disclosed by...
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