Majority
p. 898The People of the State of New York ex rel. Harry Kipnis v. Joseph McCann, Acting Warden, etc.
Motion denied as unnecessary, the relator having a right of appeal under section 519, subdivision 3, and section 520 of the Code of Criminal Procedure, and no security being necessary to perfect the appeal. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.