Opinion
March, 1933.
Judgment of conviction reversed on the law and facts and a new trial granted upon the exceptions taken and upon the ground that under the charge and rulings of the court defendant was deprived of the benefit of section 393 of the Code of Criminal Procedure and was not accorded a fair trial. ( People v. Fitzgerald, 156 N.Y. 253; People v. Mantin, 184 App. Div. 767; People v. Springer, 137 id. 304.) All concur.