Opinion
Argued March 11, 1948
Decided April 22, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for appellant.
Mordecai Konowitz for respondent.
Judgment and order affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.