Opinion
Argued November 30, 1964
Decided December 3, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
Monroe Goldwater, Anthony F. Marra and Grace L. Brodsky for appellant.
Aaron E. Koota, District Attorney ( Frank Di Lalla of counsel), for respondent.
Judgment reversed and a new trial ordered on the ground that prejudicial error was committed when the prosecutor on cross-examination questioned defendant about a criminal charge on which he had been acquitted ( People v. Cascone, 185 N.Y. 317, 334; People v. Savvides, 1 N.Y.2d 554).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.