Opinion
Submitted November 28, 1955
Decided December 1, 1955
Appeal from the Supreme Court, Appellate Division, Third Department, SCHENCK, J.
James E. Gavagan for motion to dismiss appeal.
Russell G. Hunt, District Attorney, opposed.
Motion to dismiss appeal denied.
Motion to have appeal heard during the November, 1955, session of the Court of Appeals denied and case set down for argument during the first week of the January, 1956, session of the Court of Appeals.