Opinion
November, 1928.
Appeal from County Court of Kings County.
As so modified, the order is affirmed, with ten dollars costs and disbursements. On the appeal of the comptroller of the city of New York, in so far as the order appealed from awards the sum of $55 incidental expenses (said amount being included within said $105 above mentioned), the order is affirmed, without costs. No opinion. Rich, Kapper and Carswell, JJ., concur; Lazansky, P.J., and Hagarty, J., dissent upon the ground that the sum of $50 allowed for jewelry experts was made without an order or a direction of the County Court for their employment. Such order or direction is essential under section 308 of the Code of Criminal Procedure.