Opinion
April 5, 1943.
In view of the decision in People v. Giffone, No. 109 E. [ ante, p. 735], decided herewith, the appeal from the order of the County Court, Kings County, denying motion for a new trial on the ground of newly-discovered evidence is dismissed. Close, P.J., Hagarty, Carswell and Johnston, JJ., concur; Adel, J., dissents and votes to affirm the order.