People v. Russo — 248 N.Y. 626

Majority

p. 626

The People of the State of New York, Respondent, v. Anthony Russo, Appellant.

Headnote

Crimes- — -murder in the first degree — judgment of conviction affirmed.

(Argued June 6, 1928;

decided July 19, 1928.)

Appeal from a judgment of the Kings County Court rendered March 5, 1928, upon a verdict convicting the defendant of the crime of murder in the first degree.

Albert Conway, Peter J. Brancato and Denis M. Hurley for appellant.

Charles J. Dodd, District Attorney (Henry J. Walsh of counsel), for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg and O’Brien, JJ. Andrews and Lehman, JJ., dissent upon the ground that the verdict is against the weight of evidence.