Opinion
Argued March 28, 1961
Decided April 20, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN M. MURTAGH, Ch. J.
Nathan Kestnbaum for appellant.
Frank S. Hogan, District Attorney ( Robert O. Lehrman and Richard G. Denzer of counsel), for respondent.
Order, insofar as appealed from, affirmed upon the authority of People v. Crossland ( 9 N.Y.2d 464), decided herewith. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.