The district attorney upon the appeal in this action, having stated that in consequence of the opinion of the Court of Appeals (People ex rel. Scharff v. Frosf 198 N. Y. 110), he suggested to the court to reverse the judgment and discharge the prisoner. In view of that suggestion the judgment appealed from is reversed and the defendant discharged. Present—Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Judgment reversed and defendant discharged. Settle order on notice.