Majority
p. 863The People of the State of New York, Respondent, v. Leonardo Salemi, Appellant. Argued January 20, 1954; decided March 12, 1954.
p. 864
Jacob Shientag and Max Fruchtman for appellant.
Frank S. Hogan, District Attorney (Richard G. Denser, Charles W. Manning, Jack M. Cotton and Leonard E. Reisman of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
p. 865
Concur: Conway, Dye, Fuld and Froessel, JJ. Lewis, Ch. J., Desmond and Van Voorhis, JJ., dissent and vote for reversal and a new trial on the ground that the court’s charge did not “ marshal the evidence ” as required by People v. Odell ( 230 N. Y. 481 ).