
    The People of the State of New York, Appellant, v. Mary Mikulec, Respondent.
    (Submitted January 30, 1925;
    decided February 25, 1925.)
    
      Crimes — murder in second degree —■ judgment of conviction properly reversed.
    
    
      People v. Mikulec, 207 App. Div. 505, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in che third judicial department, entered January 15, 1924, reversing a judgment of the Rensselaer County Court, rendered upon a verdict convicting the defendant of the crime of murder in the second degree and granting a new trial.
    
      
      Timothy J. Quillinan, District Attorney (John J. Kelly of counsel), for appellant.
    
      Philip J. Cirillo and Ely S. Koplovitz for respondent.
   Order affirmed; no opinion.

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