
    The People of the State of New York, Respondent, v. Joseph Spivak, Appellant.
   Judgment reversed and new trial ordered on the authority of People v. Zimmer (174 App. Div. 470; affd., 220 N. Y. 597). Present — Clarke, P. J., Dowling, Smith, Finch and McAvoy, JJ.; Finch, J., dissenting. Settle order on notice.  