
    The People of the State of New York, Respondent, v. Dell Kingsley, Appellant.
    
      People v. Kingsley, 173 App. Div. 985, affirmed.
    (Argued October 19, 1916;
    decided November 3, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 10, 1916, which affirmed a judgment of the Warren County Court rendered upon a verdict convicting the defendant of the crime of rape in the second degree.
    
      Fred A. Bratt and Lyman Jenkins for appellant.
    
      James S. Kiley, District Attorney, for respondent.
   Judgment affirmed under section 542 of the Code of Criminal Procedure; no opinion.

Concur: Chase, Cuddebaok, Cardozo and Pound, JJ. Dissenting: Willard Bartlett, Oh. J., and Collin, J.  