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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL E. ALLEN, Appellant.

Per Curiam.

We agree with the Appellate Division that the attempted proof of other crimes was erroneously admitted. The only question that remains is whether the error may be overlooked as immaterial. Its nature was such that it seems impossible to say that it was not prejudicial to the defendant.

The judgments should be reversed and a new trial ordered.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ., concur; SEARS and LEWIS, JJ., taking no part.

Judgments reversed, etc.

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PEOPLE v. ALLEN
(Apr 16, 1940)