People v. Miller

Judgment of conviction and order affirmed. All concur, except Sears, P. J., and Lewis, J., who dissent and vote for reversal on the law and for dismissal of the indictment on the opinion of Lewis, J., in this case (247 App. Div. 489). (The judgment convicts defendant of murder, second degree. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J., Taylor, Bdgcomb, Crosby and Lewis, JJ.