
    The People of the State of New York, Respondent, v. John J. Rodgers, Appellant.
    
      People v. Rodgers, 184 App. Div. 461, affirmed.
    (Argued April 28, 1919;
    decided May 20, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1918, which affirmed a judgment of the court at an extraordinary Trial Term for the county of New York rendered upon a verdict convicting defendant of the crime of attempt to commit robbery in the first degree as a second offense.
    
      W. Bourke Cochran for appellant.
    
      Edward Swann, District Attorney (Robert S. Johnstone, Robert D. Petty and Felix C. Benvenga of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chase, Collin, Cuddeback, Crane and Andrews, JJ. Dissenting: Hogan and McLaughlin, JJ.  