Opinion
December 16, 1971
Motion for reargument granted, and upon reargument the court adheres to its original decision. An error committed in transcription made it appear that the trial court charged section 165.50 instead of section 165.55 Penal of the Penal Law. It now appears that section 165.55 was in fact charged. However, the cumulative effect of the remaining errors in the charge deprived appellant of a fair trial (CPL 470.15, subd. 6, par. [a]). Herlihy, P.J., Greenblott, Cooke, Sweeney and Simons, JJ., concur.