Opinion
Submitted April 4, 1949
Decided April 20, 1949
Appeal from the Supreme Court, Appellate Division, Fourth Department, GILBERT, J.
Nathaniel L. Goldstein, Attorney-General ( William S. Elder, of counsel), for motion.
No one opposed.
Motion granted and appeal dismissed on the ground that appellant has not surrendered himself into custody and is, therefore, not within the jurisdiction of the court. (See People v. Genet, 59 N.Y. 80; People ex rel. Hamilton v. Commissioner, 185 N.Y. 594.)