
    The People of the State of New York, Respondent, v. Vincenzo Visiconti, Appellant.
    Judgment of conviction and order reversed, and new trial granted, upon the ground that the testimony of the detective as to the accusation made by the injured man to the defendant in the hospital, and the defendant’s partial reply thereto, were clearly incompetent under People v. Kennedy (164 N. Y. 449) because the detective, according to his own admission, refused to permit the defendant then and there to complete his reply to such accusation, or to give the injured man an opportunity to respond to that reply, and because that testimony was by its natural force exceedingly adverse to the defendant. Although no objection to that testimony was made in defendant’s behalf at the trial, we think, considering the character of the rest of the evidence, and of the main opposing witnesses, justice requires a new trial.
   Jenks, P. J., Thomas, Mills, Rich and Putnam,

JJ., concurred.  