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People v. Battice

5 N.Y.2d 946 Court N.Y. Decision date 1959-02-26 English

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p. 946
The People of the State of New York, Respondent, v. Louis Battice, Appellant.
Argued January 7, 1959;
decided February 26, 1959.
p. 947
Anne Thacher Clarke and Florence M. Kelley for appellant.
Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for respondent.

Order affirmed; no opinion.

Concur: Chief Judge Conway and Judges Dye, Froessel, Van Voorhis and Burke. Judges Desmond and Fuld dissent and vote to reverse and to order a trial of defendant’s sworn allegations of coercion, misrepresentation and suppression of facts (see People v. Picciotti, 4 N Y 2d 340 , and cases cited therein).

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