Opinion
Submitted October 9, 1946
Decided November 14, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, FRYER, J.
Samuel Levy for appellant.
William M. Nicoll, District Attorney ( Emmet J. Lynch of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.