Majority
p. 595The People of the State of New York, Respondent, against Warren F. Greenhalgh, Appellant. Argued May 26, 1941; decided June 19, 1941.
James E. Wilkinson for appellant.
Fred J. Munder, District Attorney {Harry C. Brenner of counsel), for respondent.
Judgment affirmed. We are not called upon to pass upon the construction of section 292-a of the Code of Criminal Procedure because on this record it does not appear that the indictment upon which the defendant was tried was found earlier than the indictment with a later number. No opinion.
Concur: Lehman, Ch. J., Lotjghran, Finch, Rippey, Lewis, Conway and Desmond, JJ.