
    The People of the State of New York, Appellant, v. Rocco Carnavalle, Respondent.
    
      Crimes — murder in second degree — judgment of conviction properly reversed.
    
      People v. Carnavalle, 202 App. Div. 156, affirmed.
    (Argued April 23, 1923;
    decided May 8, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1922, which reversed a judgment rendered at a Criminal Trial Term for the county of New York upon a verdict convicting the defendant of the crime of murder in the second degree,and granted a new trial.
    
      Joab H. Banton, District Attorney (Robert C. Taylor of counsel), for appellant.
    
      Lloyd Paul Stryker for respondent.
   Order affirmed; no opinion.

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