Opinion
December 12, 1949.
Judgment of the County Court of Queens County convicting appellant, as a second offender, of the crime of petit larceny, reversed on the law and new trial ordered. The offer in evidence by the prosecutor of the record of a prior conviction of the defendant, when he knew that he could not obtain a conviction of the defendant for a felony, was prejudicial conduct which prevented a fair trial, and the prejudice was not cured by the striking out of such exhibit. The findings of fact implicit in the verdict of the jury are affirmed. Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.