People v. Weiner — 264 N.Y. 534

Majority

p. 534

The People of the State of New York, Respondent, v. Joseph Weiner, Appellant, Impleaded with Others.

(Argued March. 12, 1934;

decided April 17, 1934.)

p. 535

Joseph M. Proskauer, Emil Weitzner and Samuel H. Kaufman for appellant.

Samuel J. Foley, District Attorney (Sol. Boneparih, Herman J. Fliederblum and Arthur G. Carney of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Pound, Ch. J., O’Brien, Hubbs and Crouch, JJ. Dissenting: Crane and Lehman, JJ., on the ground that the defendant had been sentenced without a plea of guilt and without a trial of the facts of his guilt. Not sitting: Kellogg, J.