
    The People of the State of New York v. Thomas Herrmann.
   Motion for leave to appeal as a poor person dismissed since the appeal has abated by reason of the death of the defendant on October 5, 1962, as appears by a letter dated October 8, 1962 received from the Warden of Clinton Prison. Concur — Botein, P. J., Breitel, Valente, McNally and Eager, JJ.  