People v. Viserto

No opinion. Hopkins, Latham and Brennan, J J., concur; Rabin, Acting P. J., and Martuseello, J., dissent and vote to reverse the judgment and dismiss the indictment, with the following memorandum: The evidence was purely circumstantial and, in our opinion, inadequate to justify conviction (People v. Weiss, 290 N. Y. 160, 163).