
    The People of the State of New York, Respondent, v. Giuseppe De Matteo, Appellant.
    
      Crimes — murder in first degree — judgment of conviction affirmed.
    
    (Argued October 22, 1923;
    decided November 27, 1923.)
    Appeal from a judgment of the Supreme Court, rendered May 17, 1923, at a Trial Term for the county of Kings upon a verdict convicting the defendant of the crime of murder in the first degree.
    
      Robert H. Elder for appellant.
    
      Charles J. Dodd, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Pound, McLaughlin and Andrews, JJ.; Hiscock, Ch. J., concurs under provisions of section 542 of the Code of Criminal Procedure. Dissenting: Crane, J. Not voting: Hogan, J.  