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People v. Galloway

24 N.Y.2d 935 Court N.Y. Decision date 1969-05-14 English

Decision Majority · Concurring — Chief Judge Fuld (concurring).

Contents
p. 935
The People of the State of New York, Respondent, v. Rawlin Galloway, Appellant.
Argued April 16, 1969;
decided May 14, 1969.
p. 936
Samuel C. Coleman for appellant.
Frank S. Hogan, District Attorney (Peter F. Schwindt and Michael R. Juviler of counsel), for respondent.

Concur: Judges Scileppi, Bergan, Breitel and Jasen. Chief Judge Fuld concurs in the following opinion in which Judge Burke concurs. Judge Keating taking no part.

Although I believe that a reversal is mandated by the principles reflected in Bruton v. United States ( 391 U. S. 123 ) and Roberts v. Russell ( 392 U. S. 293 ) and although I adhere to the views expressed in my dissenting opinion in People v. McNeil ( 24 N Y 2d 550 ), I am constrained by the majority’s decision in that case to east my vote herein for affirmance.

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