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.