Opinion
Argued January 4, 1950
Decided March 3, 1950
Appeal from the Supreme Court, Appellate Division, Second Department, GALLAGHER, J.
Francis A. McGurk for appellant.
George M. Fanelli, District Attorney ( John C. Marbach of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.