
    The People of the State of New York, Respondent, v. Frank Scaringi, Appellant.
   Judgment of conviction of the County Court of Kings county reversed on the law and the facts and a new trial ordered. Because of comments of the trial court the defendant did not have a fair trial. Lazansky, P. J., Kapper, Seudder and Tompkins, JJ., concur; Carswell, J., dissents and votes to affirm pursuant to the provisions of section 542 of the Code of Criminal Procedure.  