Opinion
Argued October 21, 1953
Decided December 3, 1953
Appeal from the Supreme Court, Appellate Division, Second Department, FARRELL, J.
T. Vincent Quinn, District Attorney ( Benjamin J. Jacobson of counsel), for appellant.
Daniel Jacobson, Bernard Jacobson and Murray A. Gordon for respondent.
Appeal dismissed in view of the fact that the defendant died on November 8, 1953. No opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ.