Opinion
Argued March 5, 1940
Decided April 16, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department, MALPASS, J.
Thurlow W. Southwick for appellant.
Donald M. Mawhinney, District Attorney ( Arthur W. Wilson of counsel), for respondent.
We agree with the Appellate Division that the attempted proof of other crimes was erroneously admitted. The only question that remains is whether the error may be overlooked as immaterial. Its nature was such that it seems impossible to say that it was not prejudicial to the defendant.
The judgments should be reversed and a new trial ordered.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ., concur; SEARS and LEWIS, JJ., taking no part.
Judgments reversed, etc.