Majority
p. 542The People of the State of New York, Respondent, v. Joseph Zeiler, Alias Joseph Zeidler, Appellant.
Judgment of the County Court of Queens county convicting defendant of the crime of burglary in the third degree as a second offense affirmed. No opinion. Lazansky, P. J., Hagarty, Carswell and Davis, JJ., concur; Tompkins, J., dissents and votes for reversal and a new trial upon the ground that it was prejudicial error for the court, during the trial, to receive proof of the defendant’s previous conviction. That was a matter for proof and the consideration of the court, after the verdict of the jury, on the question of punishment.