Majority
p. 871The People of the State of New York, Respondent, v. Samuel Silver, Appellant.
Judgment of conviction and order of the County Court of Queens county reversed upon the law and the facts and a new trial ordered. The court’s communication with the jury, in violation of section 427 of the Code of Criminal Procedure, was prejudicial to the defendant in that it deprived him of a substantial right. Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ., concur.