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People v. Overby

10 N.Y.2d 779 Court N.Y. Decision date 1961-07-07 English

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Majority

p. 779
The People of the State of New York, Respondent, v. James Overby, Appellant.
Argued June 1, 1961;
decided July 7, 1961.
p. 780
Howard V. Burke for appellant.
Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez ( 10 N Y 2d 774 ), decided herewith.

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