Majority
p. 946The People of the State of New York, Appellant, v. Frank Koeperski and Others, Respondents.
Order of the County Court of Kings county affirmed. There is no evidence that the complaining witness appeared at the original trial. There is acceptable evidence that he did not appear. A question of fact was thus made for the County Court. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.