People v. Nadile — 287 N.Y. 748

Majority

p. 748

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

Argued December 3, 1941;

decided January 15, 1942.

Richard P. Byrne, D. Charles O’Brien and Joseph L. Petrunick for appellant.

Donald M. Mawhinney, District Attorney (Clarence Unckless of counsel), for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Rippey, J., dissents and votes to reverse the judgment of conviction and to order a new trial on the ground that errors in the admission of evidence and in the charge are of such a serious nature that in his opinion they affect the substantial rights of the defendant and cannot be disregarded under section 542 of the Code of Criminal Procedure.