People v. Hygrade Food Products Corp.

269 A.D. 826 | N.Y. App. Div. | 1945

Judgment affirmed. No opinion. Present— Martin, P. J., Untermyer, Dore and Cohn, JJ.; Cohn, J., dissents and votes to reverse and dismiss the information on the ground that the presumption of intent to sell arising from possession was successfully rebutted by defendant’s proof. (People v. Wallace & Company, 282 N. Y. 417; People [Levinson] v. Waldorf System Incorporated, 257 App. Div. 626.)