Judgment reversed on the law, and new trial ordered. The findings of fact implicit in the jury's verdict are affirmed.
On this record, it is our opinion that the reopening of the case for further proof, after the jury had been deliberating for over three hours, coupled with the manner in which the reopened trial was conducted, constituted an improvident exercise of discretion by the trial court (cf. People v. Ferrone, 204 N.Y. 551), and that the effect of this...
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