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PEOPLE v. ROSENBERG

276 A.D. 547 (1950)

The People of the State of New York, Respondent, v. Leonard Rosenberg, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1950.

Attorney(s) appearing for the Case

Nathan Kestnbaum, for appellant.

Whitman Knapp of counsel (Edwin C. Hoyt, Jr., with him on the brief; Frank S. Hogan, District Attorney), for respondent.

PECK, P. J., GLENNON, COHN and SHIENTAG, JJ., concur; DORE, J., dissents and votes to affirm. (See Code Crim. Pro., § 542.)

Per Curiam.

In the exercise of the trial court's discretion its refusal to grant appellant's request for a separate trial was proper. Where numerous defendants have been jointly indicted for a single crime "a ruling directing a joint trial will be on the safe side". (People v. Feolo, 282 N.Y. 276, 281, LOUGHRAN, J.) However, in view of the fact that the defendant Reeh [see 300 N.Y. 543

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