Judgment reversed on the law and the facts, without costs, and a new trial ordered.
It is clear from the written decision of the trial court that it inadvertently failed to consider the direct testimony of one Pogany, relating to certain alleged conduct of the defendant in April, 1962 — conduct which was independent of that to which another witness had testified. Having failed to consider such testimony of Pogany, it is our opinion that the trial court could...
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