Judgment and order reversed on the law and new trial ordered.
During the course of the trial, one of the three Trial Justices remarked that the court was not "trying a case of alleged intent". In that respect the Trial Justice was in error. (People v. Ulman, 258 App. Div. 262; People v. Steele, 275 App. Div. 1050.) Although the record does not disclose that the other two Trial Justices were of the same opinion, in view of the sharp question of fact presented...
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