
    The People of the State of New York, Respondent, v. George H. Muscato, Appellant.
   Judgment of conviction affirmed. All concur, except Cunningham, J., who dissents and votes for reversal on the law and the facts and a new trial. (The judgment convicts defendant of the crime of assault, second degree.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.  