People v. Acker — 297 N.Y. 784

Majority

p. 784

The People of the State of New York, Respondent, v. Charles W. Acker, Appellant.

Argued November 17, 1947;

decided January 16, 1948.

p. 785

Abraham J. Gellinoff, Irving Mendelson, Sylvester Gosentino and Eugene K. Jones, Jr., for appellant.

Frank S. Hogan, District Attorney (Whitman Knapp and Eugene A. Leiman of counsel), for respondent.

Judgment of conviction affirmed; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conwat and Fuld, JJ.; Desmond, Thacher and Dye, JJ., dissent and vote to reverse the judgment of conviction and order a new trial upon the ground that the verdict is against the weight of the evidence, and on the further ground that the Trial Judge failed to make, in his charge, any clear statement as to the law applicable to the detention of defendant before arraignment.