
    The People of the State of New York, Respondent, v. Emilio Semione, Appellant.
    
      Appeal — motion to dismiss for failure to prosecute.
    
    (Submitted December 4, 1922;
    decided December 5, 1922.)
    Motion to dismiss an appeal from a judgment of the Supreme Court, rendered February 25, 1921, at a Trial Term for the county of Erie upon a verdict convicting the defendant of the crime of murder in the first degree.
    The motion was made upon the ground of failure to prosecute the appeal.
    
      Guy B. Moore, District Attorney (Walter F. Hofheins of counsel), for motion.
    
      John S. Knibloe opposed.
   Motion denied. Case peremptorily set down for argument first Thursday, January, 1923, session. ,  