Opinion
Argued June 2, 1949
Decided July 19, 1949
Appeal from the Supreme Court, Appellate Division, Fourth Department, BRASSER, J.
John J. Scully and Thomas A. McDermott for appellant.
Anthony Miceli, District Attorney ( Clarence J. Henry of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.