Opinion
Argued November 12, 1947
Decided November 21, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Charles Margett and Benjamin J. Jacobson for appellant.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for respondent.
Order and judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.