People v. Bennett — 14 N.Y.2d 851

Majority

p. 851

The People of the State of New York, Appellant, v. Donald A. Bennett, Respondent.

Argued June 2, 1964;

decided June 10, 1964.

Stephen Smyk, District Attorney (Herbert A. Kline of counsel), for appellant.

Richard A. Battaglini for respondent.

Order reversed and judgment of the Broome County Court reinstated. The sentencing Judge was not disqualified (see People ex rel. Stickle v. Fay, 14 N Y 2d 683 ).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Scileppi. Taking no part: Judge Bergan.