Majority
p. 938The People of the State of New York, Respondent, v. Michael Hordschki, Appellant.
Judgment of conviction by the Court of Special Sessions reversed, and a new trial ordered, upon the ground that the doctor who, as the mother testified, examined the child the next morning, should have been called as a witness by the People or his absence accounted for; so that we conclude there should be a new trial in the interests of justice Blackmar, P. J., Mills, Rich, Putnam and Jaycox, JJ., concur.