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People v. Dunn

298 N.Y. 865 Court N.Y. Decision date 1949-02-24 English

Judges Concur: LoughbaN, Ch. J., Lewis, CoNway and Fuld, JJ. DesmoNd and Dye, JJ., dissent, and vote to reverse and order a new trial on the ground that the newly discovered evidence could well change the result if presented to a jury and, accordingly, should he so presented. [See 298 N. Y. 564, 706, 929.]

Contents

Majority

p. 865
The People of the State of New York, Respondent, v. John M. and alias Danny Brooks, Appellants.
Reargued December 1, 1948;
decided February 24, 1949.
p. 866
Bernard Hershkopf and Hyman Barshay for John M. Dunn, appellant.
Harry G. Anderson and Vincent Tese for Daniel Gentile, appellant.
Frank &'. Hogan, District Attorney (Whitman Knapp and William Hoppen of counsel), for respondent.

Upon reargument of appeals by appellants John M. Dunn and Daniel Gentile: Judgments of conviction affirmed. No opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway and Fuld, JJ. DesmoNd and Dye, JJ., dissent, and vote to reverse and order a new trial on the ground that the newly discovered evidence could well change the result if presented to a jury and, accordingly, should he so presented. [See 298 N. Y. 564 , 706, 929.]

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