People v. Correa — 308 N.Y. 696

Majority

p. 696

The People of the State of New York, Respondent, v. Concepcion Estrada Correa, Pedro Antonio Rios and Henry Matthews, Appellants.

Argued December 1, 1954;

decided December 31, 1954.

p. 697

J ohn McKim Minton and Frederick J. Miller for Concepcion Estrada Correa, appellant.

Harris B. Steinberg, Philip Brown and Arthur L. Harrow for Pedro Antonio Rios, appellant.

Newman Levy and Benjamin Levy for Henry Matthews, appellant.

Frank S. Hogan, District Attorney (Bichard G. Denser and Leonard E. Reisman of counsel), for respondent.

Judgments of conviction affirmed; no opinion.

Concur: Lewis, Ch. J., Cosway, Dye and Vas Vookhis, JJ. Desmosd, Fuld and Froessel, JJ., dissent and vote to reverse and order a new trial upon the ground that the record contains several erroneous statements by the trial judge, particularly his instruction that all of the defendants must be regarded as accomplices as a matter of law, and that it is impossible to determine whether or not their rights were seriously prejudiced by any of those, errors.