70 N.E.2d 541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST JOHNSON, Appellant.

Court of Appeals of the State of New York.Submitted October 9, 1946
Decided November 14, 1946

Appeal from the Supreme Court, Appellate Division, Third Department, FRYER, J.

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Samuel Levy for appellant.

William M. Nicoll, District Attorney (Emmet J. Lynch of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.

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