
    The People of the State of New York, Appellant, v. John Dietz, Respondent.
    
      Crimes — burglary — larceny —judgment of conviction reversed and new trial granted.
    
    
      People v. Dietz, 216 App. Div. 23, affirmed.
    (Argued November 24, 1926;
    decided December 31, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10,1926, which reversed a judgment of the Ontario County Court, rendered upon a verdict convicting the defendant of the crimes of burglary in the third degree and grand larceny in the second degree and granted a new trial.
    
      
      Nathan D. Lapham, District Attorney, for appellant.
    
      B. J. Shanahan and James C. D’Aprils for respondent.
   Order affirmed; no opinion.

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