People v. Bretton

Jenks, P. J.:

We adhere to our judgment in this case reported in 144 App. Div. 383. We followed People v. Griffin (27 Hun, 595), decided by the General Term in this department, opinion by Cullen, J., with whom Barnard, P. J., and Dykman, J., concurred. We think that People v. Bauer (37 Hun, 407), so far as it conflicts with People v. Griffin, should not be followed. The sole authority cited in People v. Bauer (supra) is People v. Bork (96 N. Y. 188, 201). The decision in that ease upon the ques*905tion presented in the case at bar, in Griffin's Case and in Bauer's Case (supra) rests upon a…