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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD ABRUZZESE, Appellant.

Per Curiam.

The judgment should be affirmed. In this case there is proof, lacking in People v. Berman ( 278 N.Y. 408), decided herewith, of a delivery even though insufficient to pass title.

The judgment should be affirmed.

LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; RIPPEY, J., dissents; CRANE, Ch. J., taking no part.

Judgment affirmed.

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PEOPLE v. ABRUZZESE
(Jul 7, 1938)