
    The People of the State of New York, Appellant, v. Rocco Carnavalee, Respondent.
    Reported below, 202 App. Div. 156.
    (Submitted February 26, 1923;
    decided February 27, 1923.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1922, which reversed a judgment of the Supreme Court rendered at a Trial Term for the county of New York upon a verdict convicting the defendant of the crime of murder in the second degree.
    The motion was made upon the ground of failure to prosecute the appeal.
    
      Lloyd Paul Stryker for motion.
    
      Joab H. Banton, District Attorney (Robert C. Taylor of counsel), opposed.
   Motion denied on condition that appellant’s brief be filed and served on or before March fifth next.  