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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, against WARREN F. GREENHALGH, Appellant.

Judgment affirmed. We are not called upon to pass upon the construction of section 292-a of the Code of Criminal Procedure because on this record it does not appear that the indictment upon which the defendant was tried was found earlier than the indictment with a later number. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.

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PEOPLE v. GREENHALGH
(Jun 19, 1941)