Opinion
July 1, 1960
Appeal from the Onondaga County Court.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Judgment of conviction unanimously reversed on the law and facts and a new trial granted. Memorandum: The interests of justice require a new trial, because substantial rights of the defendant were affected by the reading of testimony to the jury, which had been stricken out, and by the court's failure to instruct the jury with sufficient clarity that such testimony should be disregarded by them. (See People v. Smith, 172 N.Y. 210, 239; Ives v. Ellis, 169 N.Y. 85, 90; People v. Lupo, 305 N.Y. 448, 451; People v. Ochs, 3 N.Y.2d 54.)