Opinion
Argued June 12, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
R. Harold Paltrow for appellant.
Charles P. Sullivan, District Attorney ( J. Irwin Shapiro and George P. Stier of counsel), for respondent.
Judgment affirmed. The question of the constitutional validity of the Penal Law, § 1898-a, is not presented on this record. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.