People v. Cruz — 11 N.Y.2d 840

Majority

p. 840

The People of the State of New York, Respondent, v. Estanislao Cruz, Appellant.

Argued March 29, 1962;

decided April 5, 1962.

p. 841

Ernest Allen Cohen and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Peter J, O’Connor and H. Richard Uviller of counsel), for respondent.

Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Ftjld dissent and vote to reverse and to remit to the Court of General Sessions for a hearing on the allegations in the petition that defendant was informed and believed that he was not entitled to a trial if his codefendants pleaded guilty and that a verdict of guilty at such a trial would necessarily mean a death sentence.