Judgment reversed, on the law, and new trial ordered.
Questions of fact have not been raised or considered. It was error in the circumstances of this case to permit the witness called by the People in rebuttal to testify. Because of a misapprehension of defendant's testimony on cross-examination, the trial court ruled that the proffered rebuttal testimony was proper. In fact, based upon a correct reading of defendant's testimony on cross-examination, the rebuttal...
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