Opinion
May 11, 1938.
Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.
Order unanimously affirmed. Facts when admitted by the defendant or his counsel in court are deemed to be established. ( People v. Walker, 198 N.Y. 329.) In view of the admissions made in open court at the time relator was sentenced, "a jury trial would constitute nothing more than `an idle formality affecting no substantial right.'" ( People ex rel. Rothermel v. Murphy, 274 N.Y. 281, 283.)