¶1 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.
¶2 The judgment should be affirmed.
¶3 Lehman, O’Bbien, Hubbs, Loughban and Finch, JJ., concur; Rippey, J., dissents; Crane, Ch. J., taking no part.
¶4 Judgment affirmed.