19 N.E.2d 658 | NY | 1939
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *7
The defendant moved to dismiss the information "on the ground that the facts stated therein do not constitute a violation of section
We hold that the facts stated in the information constitute the misdemeanor defined by section
The judgment should be affirmed.
O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ., concur; CRANE, Ch. J., LEHMAN and HUBBS, JJ., dissent.
Judgment affirmed. *9