Opinion
Argued October 10, 1951
Decided December 6, 1951
Appeal from the Supreme Court, Appellate Division, First Department, HOFMANN, P.J., BURLINGAME, MORRISSEY, JJ.
Frank Serri for appellant.
Frank S. Hogan, District Attorney ( Jack M. Cotton and Richard G. Denzer of counsel), for respondent.
This court has already declared section 1898-a of the Penal Law to be constitutional ( People v. Gerschinsky, 281 N.Y. 581; see, too, People v. Terra, 303 N.Y. 332, decided herewith).
The judgment should be affirmed.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.
Judgment affirmed.