Opinion
Submitted January 3, 1949
Decided January 13, 1949
Appeal from the Supreme Court, Appellate Division, Third Department, CLOHESSY, J.
Harry S. Travis for motion.
Herbert H. Smith, District Attorney, opposed.
Motion granted and appeal dismissed (see Code Crim. Pro., § 520, subd. 3; People v. Hatzis, 297 N.Y. 163).