Majority
p. 931The People of the State of New York v. Michael Gallella.
Motion to dismiss appeal denied without prejudice. In the absence of the exhibits this court is not in a position to pass upon the appeal from the judgment of conviction. An application .must be made to the trial court to settle an adequate record. In the event a satisfactory record cannot be settled either party may apply to this court for the relief required by that circumstance. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.