Majority
p. 510The People of the State of New York, Respondent, v. Joseph S. Fay and James Bove, Appellants. Argued June 12, 1946; decided July 23, 1946.
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Harold B. Medina, Thomas B. Fay, Bóberi J. Fitzsimmons and I. Maurice Wormser for Joseph S. Fay, appellant.
Moses Polakoff and Samuel Mesansky for James Bove, appellant.
Frank S. Hogan, District Attorney (Whitman Knapp, Joseph A. Sarafite, Milton H. Spiero and Sylvia Jaffin Singer of counsel), for respondent.
Judgment affirmed. Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: the defendants argued that the
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decision of the Trial Court in granting the motion of the People for a special jury and in overruling the challenge of defendants to the special jury panel constituted a denial of due process and a violation of their rights under the Fourteenth Amendment of the Constitution of the United States. This Court held that the granting of the motion of the People for a special jury and the overruling of the challenge of the defendants to the special jury panel was not a denial of due process or a violation of defendants’ rights under the Fourteenth Amendment to the Constitution of the United States. No opinion.
Concur: Loughean, Ch. J., Lewis, Conway, Desmond and Thacheb, JJ. Taking no part: Dye and Fuld, JJ.