Opinion
January, 1934.
Present — Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ. [ 148 Misc. 763.]
Peremptory mandamus order unanimously affirmed, without costs. Upon the rehearing it may be determined whether the defendant was possessed of a weapon at the time of the commission of the crime charged, and if so, was such possession lawful.