
    The People of the State of New York, Respondent, v. Franklin W. Sears, Appellant.
   Judgment affirmed on the authority of People v. Cole (163 App. Div. 292). Present — Clarke, P. J., McLaughlin, Scott, Dowling and Davis, JJ.; McLaughlin and Dowling, JJ., dissented on the dissenting opinion in People v. Cole (163 App. Div. 316).  