Opinion
January, 1930.
Judgment of conviction of the County Court of Queens county affirmed under section 542 of the Code of Criminal Procedure. Lazansky, P.J., Rich, Carswell and Scudder, JJ., concur; Kapper, J., dissents upon the ground that the testimony of the witness Cunningham, called in rebuttal by the prosecution, was incompetent and prejudicial.