Majority
p. 959The People of the State of New York, Respondent, v. Daniel Merritt, Appellant.
Judgment of conviction of the County Court of Westchester county reversed and new trial ordered, for errors committed on the trial, as shown at folios 40, 79 and 100 of the record. Thomas, Carr and Rich, JJ., concurred; Jenks, P. J., and Hirsehberg, J., dissented, upon the ground that the errors were not capital.