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People v. Miller

9 N.Y.2d 839 Court N.Y. Decision date 1961-04-20 English

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p. 839
The People of the State of New York, Respondent, v. Woodrow Miller, Appellant.
Argued March 20, 1961;
decided April 20, 1961.
p. 840
Harold A. Meriam, Jr., and Samuel Goldstein for appellant.
Edward S. Silver, District Attorney (William 1. Siegel of counsel), for respondent.

Judgment of conviction affirmed; no opinion.-

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse on the ground that, upon this record and in light of defendant’s written statement, the trial court’s failure to charge the jury that it might find that the underlying felony had been abandoned was prejudicial error (People v. Walsh, 262 N. Y. 140 ; People v. Smith, 232 N. Y. 239 ; People v. Brown, 5 A D 2d 819 ; see, also, People v. Koerber, 244 N. Y. 147 , 154; People v. Van Zandt, 224 N. Y. 354 ); accordingly, a new trial should be ordered.

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