
    The People of the State of New York, Respondent, v. John F. Miller, Appellant.
    Submitted January 7, 1952;
    decided January 10, 1952.
    
      Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for motion to dismiss appeal.
    
      Dennis M. Breen, Jr., opposed.
   Motion denied and case set down for argument during the February, 1952, session of the Court of Appeals.  