Judgment reversed on the law and new trial ordered. Appeal from the order dismissed, as academic. Two certain written transcriptions of statements made by appellant, which were admitted into evidence, were characterized by the trial court in its charge to the jury as confessions, despite the fact that the texts are not inconsistent with appellant's innocence of the crime charged. This was prejudicial error and requires a new trial. Nolan, P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.