
    The People of the State of New York, Respondent, v. Charles E. Whalen, Appellant.
    
      Appeal —failure to file return.
    
    
      People v. Whalen, 199 App. Div. 968, appeal dismissed.
    (Submitted January 22, 1923;
    decided January 30, 1923.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1921, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York, rendered upon a verdict convicting the defendant of the crime of robbery in the first degree.
    The motion was made upon the ground of failure to file the required return.
    
      Joab H. Banton, District Attorney, for motion.
    No one opposed.
   Motion granted.  