
    The People of the State of New York, Respondent, v. John Schmidt, Appellant.
    
      People v. Schmidt, 154 App. Div. 953, affirmed.
    (Argued March 11, 1913;
    decided March 25, 1913.)
    Appeal from an order off the Appellate Division of the Supreme Court in the second judicial department, entered January 10,1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of assault in the second degree.
    
      Peter P. Smith and Mirabeau L. Towns for appellant.
    
      James C. Cropsey, District Attorney (Hersey Egginton of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Collin, Cuddeback and Miller, JJ. ' Absent: Hiscooic, J.  