
    The People of the State of New York, Respondent, v. John M. and alias Danny Brooks, Appellants.
    Reargued December 1, 1948;
    decided February 24, 1949.
    
      
      Bernard Hershkopf and Hyman Barshay for John M. Dunn, appellant.
    
      Harry G. Anderson and Vincent Tese for Daniel Gentile, appellant.
    
      Frank &'. Hogan, District Attorney (Whitman Knapp and William Hoppen of counsel), for respondent.
   Upon reargument of appeals by appellants John M. Dunn and Daniel Gentile: Judgments of conviction affirmed. No opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway and Fuld, JJ. DesmoNd and Dye, JJ., dissent, and vote to reverse and order a new trial on the ground that the newly discovered evidence could well change the result if presented to a jury and, accordingly, should he so presented. [See 298 N. Y. 564, 706, 929.]  