Judgment of conviction reversed on the law and facts and a new trial granted upon the exceptions taken and upon the ground that under the charge [*765] and rulings of the court defendant was deprived of the benefit of section 393 of the Code of Criminal Procedure and was not accorded a fair trial. (People v. Fitzgerald, 156 N. Y. 253; People v. Mantin, 184 App. Div. 767; People v. Springer, 137 id. 304.) All concur.