Majority
p. 724The People of the State of New York, Appellant, v. Leroy Louis and Henry Thomas, Respondents. Reargued October 4, 1964; decided January 7, 1965.
Determination of the appeal withheld and the case as to defendant Louis remitted to the Supreme Court, Bronx County, for further proceedings consistent with People v. Huntley ( 15 N Y 2d 72 ),decided herewith. [See 1 N Y 2d 137 , mot. for rearg. granted 14 N Y 2d 979 .]
Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Bergan. Judge Van Voorhis dissents upon his dissenting opinion in People v. Huntley ( 15 N Y 2d 72 , 78), decided herewith, in which Judge Scileppi concurs.
Cases cited
- People v. Huntley 15 N Y 2d 72 at 78 p. 724
- People v. Louis 1 N Y 2d 137 p. 724