Opinion
Argued October 14, 1947
Decided January 8, 1948
Appeal from the Supreme Court, Appellate Division, First Department, WALLACE, J.
Paxton Blair for appellant.
Frank S. Hogan, District Attorney ( Whitman Knapp, Richard G. Denzer and Vincent A.G. O'Connor of counsel), for respondent.
Judgments reversed and new trial ordered with respect to the third count upon the ground that the testimony of the witness Prentis in attempted corroboration of the witness Swenson was incompetent. Judgment affirmed with respect to the first count upon the ground that the testimony erroneously admitted related only to the third count. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. Taking no part, FULD, J.