
    The People of the State of New York, Respondent, v. Frank Gentile, Appellant.
    (Argued October 14, 1926;
    decided November 16, 1926.)
    
      Crimes — murder in second degree — judgment of conviction affirmed.
    
    
      People v. Gentile, 217 App. Div. 754, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1926, which affirmed a judgment of a Trial Term for the county of Kings rendered upon a verdict convicting the defendant of the crime of murder in the second degree.
    Judgment affirmed;
    
      John B. Johnston for appellant.
    
      Charles J. Dodd, District Attorney {Henry J. Walsh of counsel), for respondent.
   no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  