Opinion
Argued February 27, 1947
Decided April 17, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for People of the State of New York, appellant and respondent.
Joseph Lonardo for defendant, respondent and appellant.
Upon appeal by the People: Appeal dismissed. Upon appeal by the defendant: Order affirmed. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS CONWAY, DESMOND, THACHER, DYE and FULD, JJ.