I dissent and vote to affirm on the opinion of Graves, J., at Special Term.
Koreman, P. J., Kane and Herlihy, JJ., concur; Greenblott, J., dissents and votes to affirm on opinion of Graves, J., at Special Term.
Judgment modified, on the law and the facts, without costs, by reversing so much thereof as dismisses the second charge and modifies the penalty imposed, and, as so modified, affirmed.