
    The People of the State of New York, Respondent, v. James Banks, Appellant.
   The defendant appeals from a judgment of the County Court, Dutchess County, rendered January 13, 1958, after a jury trial, convicting him of burglary in the third degree, grand larceny in the second degree, and conspiracy as a misdemeanor, and sentencing him to serve 5 to 10 years on the burglary count, and not imposing any sentence on the other counts. Judgment affirmed. No opinion. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.  