Opinion
Argued April 17, 1945
Decided May 24, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J.
Mordecai Konowitz and Abraham J. Gellinoff for appellant.
Charles P. Sullivan, District Attorney ( Henry W. Schober of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.