
    The People of the State of New York, Respondent, v. Vito Brancato, Appellant.
    Argued January 23, 1940;
    decided March 5, 1940.
    
      David L. Malbin and Samuel Paige for appellant.
    
      William O’Dwyer, District Attorney (Solomon A. Klein and Henry J. Walsh of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.  