Argued October 16, 1941 Decided November 27, 1941 Appeal from the Supreme Court, Appellate Division, Fourth Department, UNDERWOOD, J. John J. Bennett, Jr., Attorney-General ( Henry Epstein, Edward T. Boyle and Patrick H. Clune of counsel), for appellant. Thomas E. Dewey, District Attorney, New York County ( Stanley H. Fuld of counsel), amicus curiae. Martin Prisament, in person, respondent. LEHMAN, Ch. J. The relator on March 11, 1940, was convicted, in the Court of General Sessions of the County