Opinion
March, 1930.
Judgment of conviction of the County Court of Nassau county reversed upon the law and the facts and a new trial ordered. The remarks of the trial judge at folios 149, 155, 156, 164, 361, 413, 414, 1385 and 1386, and the methods of the district attorney in conducting his cross-examination, appearing at folios 1338 to 1414, were prejudicial to defendant's right to a fair trial. The use made of the Federal grand jury record of 1922 was improper. In the interests of substantial justice a new trial should be had. Lazansky, P.J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.