Opinion
Argued January 20, 1960
Decided March 24, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CYRIL J. BROWN, J.
George C. Pratt for appellant.
Manuel W. Levine, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order affirmed. In affirming herein, we call attention to the District Attorney's statement, on the appeal before us, that the People would consent to a motion by defendant to restore his appeal from the judgment of conviction to the calendar of the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.