Judgment so appealed from unanimously modified, upon the law and the facts, by reversing the conviction of the defendant as to the third count and by dismissing the said count, and as so modified, the said judgment is affirmed. (See People v. Farone, 308 N. Y. 305.) No opinion.
Concur — Botein, p. J., Frank, McNally, Stevens and Bastow, JJ.
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