Majority
p. 613The People of the State of New York ex rel. James Dixon, Respondent, v. Richard J. Lewis, as Sheriff of Albany County, Appellant. The People of the State of New York ex rel. James Latham, Respondent, v. Richard J. Lewis, as Sheriff of Albany County, Appellant. Argued November 17, 1937; decided January 4, 1938.
p. 614
John T. Delaney, District Attorney (Henry S. Kahn of counsel), for appellant.
John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig and Wendell P. Brown of counsel), for State of New York.
Edward F. O’Connor for James Dixon, respondent.
George H. Barber for James Latham, respondent,
Orders affirmed. The orders sustaining the writs are affirmed. We do not, however, pass upon the constitutionality of section 1898-a of the Penal Law for the reason .that the question cannot be reached on this appeal. -The information fails to state a crime. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lotjghran, Finch and Rippey, JJ.