
    The People of the State of New York, Respondent, v. Frank Rose, Appellant.
   Judgment of conviction affirmed. Held, that the remarks touching the failure of the defendant to testify in his own behalf, attributed to the district attorney, although highly reprehensible, were not prejudicial to the defendant, in view of the clear evidence of the defendant’s guilt, and the prompt instruction by the trial judge to the jury to disregard such remarks. All concurred.  