
    The People of the State of New York, Respondent, v. Tony Parretti, Appellant.
    
      Crimes — murder in first degree ■ — judgment of conviction affirmed.
    
    (Argued November 18, 1926;
    decided December 31, 1926.)
    Appeal from a judgment of the Supreme Court, rendered July 1, 1926, at a Trial Term for the county of Kings, upon a verdict convicting the defendant of the crime of murder in the first degree.
    
      Robert H. Elder and Otho S. Bowling for appellant.
    
      Charles J. Dodd,, District Attorney {James I. Cuff and Henry J. Walsh of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Dissenting: Lehman, J., on ground witness Desiderio was an accomplice as a matter off law. Absent: His cock, Ch. J.  