¶1*659Order affirmed. As we read the said order and the memoranda incorporated therein it was necessary to examine the record and, under such circumstances, we affirm. (People v. Minkowitz, 220 N. Y. 399, 404; People v. Boas, 92 N. Y. 560; Cohen and Karger, Powers of the New York Court of Appeals, p. 767.)
¶2Concur: Conway, Ch. J., Froessel, Van Voorhis and Burke, JJ. Fuld, J., dissents in the following opinion, in which Desmond, J., concurs. Taking no part: Dye, J.