The record does not establish any violation of section 385 of the Code of Criminal Procedure. (Cf. People v. Elliott, 66 App. Div. 179, affd. 172 N. Y. 146.) We are of the opinion that defendant’s guilt was proved beyond a reasonable doubt and that the claims of error advanced by him are without merit. Present — Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ.