
    The People of the State of New York, Respondent, v. Ralph Downs, Appellant.
    Argued April 18, 1960;
    decided May 26, 1960.
    
      
      Otto F. Fusco, Murray Gans and Andrew Tyler for appellant.
    
      Isidore Dollinger, District Attorney (Irving Anolik of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond dissents and votes to reverse and to order a new trial (People v. Di Biasi, 7 N Y 2d 544).  