Opinion
February 28, 1961
Judgment convicting defendant of possession of policy slips unanimously reversed, on the law, and a new trial ordered on the authority of People v. Pierson ( 279 App. Div. 509); People v. Oak ( 283 App. Div. 1018), and People v. Crossland ( 12 A.D.2d 467). Upon retrial it might be well for the trial court to have the benefit of the testimony of the police officer who accompanied the arresting officer at the time of the arrest.
Concur — Rabin, J.P., Valente, McNally, Stevens and Steuer, JJ.