
    The People of the State of New York, Respondent, v. David Miller, Appellant.
   Judgments of conviction by a city magistrate, sitting as a Court of Special Sessions, unanimously affirmed. Upon further consideration of the facts and of the purpose of subdivision 5 of section 139 of the Sanitary Code, we are of opinion that the decision of this court in People (Complaint of Nelson) v. Levinson (234 App. Div. 791) should not be followed. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ. 
      
       See Code of Ordinances of City of New York, chap. 20, § 139, subd. 5.— [Rep.
     