Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
The four counts of the indictment charged defendant with grand larceny in the second degree arising out of his obtaining the proceeds of four checks made to his order by the complainant. The complainant testified that the checks had been given to defendant to invest in certain real property. Defendant, on the other hand, testified that the checks represented...
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