
    The People of the State of New York, Respondent, v. Hiram Cole, Appellant.
   Judgment of conviction affirmed. All concurred.

Birt Smith, Plaintiff, v. John L. Smith, Respondent, and Lyman C. Smith, Appellant.— Appeal transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 331 of the Code of Civil Procedure. Kruse, P. J., not sitting.  