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John Andrews, App'lt v. John McNamara, Resp'ts
Per Curiam.
We have carefully examined the record on this appeal, and conclude that the questions involved are substantially the same as in People v. McGuire, 126 N. Y. 419; 38 St. Rep. 444, and that the decision of the court of appeals in that proceeding controls the result herein. Judgment affirmed, with costs,