Judgment reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below are affirmed. In our opinion it was prejudicial error to permit, over objection, the introduction of evidence of defendant's indictment for another crime for which he had not yet been tried (People v. Morrison, 195 N.Y. 116). Additionally, on the defense of alibi the trial court's charge used the phraseology previously rejected by us in People v. Johnson...
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