
    The People of the State of New York, Respondent, v. Frank Battaglia, Appellant.
    
      Crimes — manslaughter in first degree —judgment of conviction affirmed.
    
    
      People v. Battaglia, 224 App. Div. 692, affirmed.
    (Argued June 20, 1928;
    decided July 19, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 2, 1928, which affirmed a judgment of the Erie County Court rendered upon a verdict convicting the defendant of the crime of manslaughter in the first degree.
    
      Bernard Swartz and Ernest W. McIntyre for appellant.
    
      Guy B. Moore, District Attorney (William L. Marcy, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.  