Majority
p. 853The People Of the State of New York, Respondent, v. Salvatore Boro, Appellant.
Judgment of conviction of the County Court of Kings county reversed on the law and a new trial ordered. The trial court assumed an erroneous attitude, involving prejudicial remarks destructive of the defense and amounting to the deprivation of the fair trial to which the defendant was entitled; furthermore, the case was not impartially submitted to the jury. Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ., concur.