Opinion
December 4, 1961
Appeal by defendant from a judgment of the County Court, Kings County, rendered June 17, 1960, after a jury trial, convicting him of carrying a dangerous weapon (as a felony), in violation of subdivision 4 of section 1897 of the Penal Law, and sentencing him, as a third felony offender, to serve a term of three and one-half to five years. On reargument, pursuant to order of this court (to which the District Attorney consented), judgment reversed on the law and new trial ordered. The findings of fact below are affirmed. In the light of the authority which was not available to the defendant or to the court at the time of defendant's trial or at the time of his prior appeal ( 13 A.D.2d 967), the District Attorney concedes, and we agree, that error was committed in the admission of evidence, and that such error requires a new trial in the interests of justice. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.