Opinion
Argued March 8, 1944
Decided April 20, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for appellant.
J. Visel and Joseph A. Lonardo for respondent.
Order affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.