Judgment of conviction of the County Court of Queens county reversed on the law and a new trial ordered. The charge of the county judge at folio 1169 and Ms refusal to charge at folio 1177 were prejudicial errors. We have examined the record and find no error as to the facts. Appeal from order dismissed in view of the foregoing decision. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., concur; Kapper, J., votes to affirm.