Majority
p. 588The People of the State of New York, Respondent, v. Henry G. Luke, Appellant.
We have examined the case upon the merits, and, in so far as the facts are concerned or the exercise of a discretion vested in this court, a new trial should be denied. But the judgment and conviction are reversed on questions of law only, and a new trial ordered. For that purpose the proceedings are remitted to the Court of Sessions of Monroe county. Opinion by