
    Joseph A. Hamlin, as Commissioner of Public Safety of Utica, Respondent, v. Austin W. Bender, Appellant.
   Per Curiam:

We think no useful purpose will be served by a further discussion here of the questions so fully considered in the opinion below (92 Misc. Rep. 16). The authorities are in conflict and the questions can only be settled by the court of last resort. We agree with the conclusions reached by the trial court and do not concur in the views which prevailed in People v. Hemleb (127 App. Div. 366). All concurred; De Angelis, J., not sitting. Judgment affirmed, with costs.  