
    The People of the State of New York, Respondent, v. James Sullivan, Appellant.
    Argued March 16, 1937;
    decided June 8, 1937.
    
      Maurice Edelbaum and William Lurie for appellant.
    
      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment of conviction reversed and new trial ordered on the authority of People v. Cummings (274 N. Y. 336). No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.  