Order modified by striking from the first decretal paragraph the words "to the extent only of allowing" and adding in lieu thereof the words "allowing the defendant and", and by striking from said paragraph the words "otherwise said motion is denied in all other respects", and by striking therefrom the second decretal paragraph. As so modified, order affirmed, without costs.
Upon the papers herein, we are of the opinion that, under all the circumstances, it was an...
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