Opinion
Submitted March 25, 1929
Decided April 16, 1929
Appeal from the Supreme Court, Appellate Division, Second Department.
Richard S. Newcombe, District Attorney ( Thomas F. Thornton of counsel), for appellant.
Joseph Lonardo for respondent.
Appeal dismissed, on the ground it was not allowed in accordance with section 520 of the Code of Criminal Procedure; no opinion.
Concur: POUND, CRANE, KELLOGG, O'BRIEN and HUBBS, JJ. Dissenting: CARDOZO, Ch. J., and LEHMAN, J.