Opinion
May 3, 1943.
Appeal from County Court of Queens County.
Judgment reversed on the law and a new trial ordered. Without justification, the prosecution was permitted to prove the commission by the defendant of a subsequent and independent crime of the same nature as that with which he was charged. The error requires reversal. ( People v. Rosenthal, 289 N.Y. 482; People v. Richardson, 222 N.Y. 103; People v. Farricchia, ante, p. 667.) The jury was not required to find defendant guilty of the crime of burglary as a prerequisite to a finding of guilt on the larceny count. ( People v. Haupt, 247 N.Y. 369.) Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.