Opinion
April, 1935.
Judgment of the County Court of Kings county convicting defendant of the crime of murder in the second degree reversed on the law and a new trial ordered because of errors of the trial judge in charging upon the question of the alleged dying declaration ( People v. Ludkowitz, 266 N.Y. 233; People v. Falletto, 202 id. 494; People v. Kraft, 148 id. 631; People v. Block, 243 App. Div. 551), and as to the effect of the medical testimony ( Lubbee v. Hilgert, 135 App. Div. 227). We have examined the record and find no errors as to the facts. Lazansky, P.J., Young and Johnston, JJ., concur; Carswell and Scudder, JJ., dissent and vote to affirm under the provisions of section 542 of the Code of Criminal Procedure.