Opinion
November 12, 1943.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.
The order granting defendant's motion in arrest of judgment should not have been granted. ( People v. Beck, 288 N.Y. 569.) The facts outlined in the Beck case are similar to those upon which the present appeal is based. The order in arrest of judgment appealed from should be reversed, the motion for an order in arrest of judgment denied, and the case remitted to the Court of Special Sessions where judgment should be rendered in accordance with law. (See People v. Perrin, 170 App. Div. 375; People v. Cully, 167 App. Div. 332.) Settle order on notice.