Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting defendant Schaffer of the crime of assault in the third degree, unanimously affirmed. The appeals by defendants Costeo and BrostrofE have been withdrawn. People v. Fink (243 App. Div. 634), decided by this court and cited by appellant, must be limited to its own peculiar facts. Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.