Opinion
June 27, 1949.
Appeal from County Court of Queens County.
Judgment reversed on the law and the facts and a new trial ordered before a different judge. In our opinion the trial court improperly permitted testimony as to conversations between complainant and defendant's brother (cf. People v. Buzzi, 238 N.Y. 390); and a new trial is required in the interests of justice. In view of the above determination, the appeal from the order is dismissed. Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.