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PEOPLE v. STEIN

302 N.Y. 915 (1951)

The People of the State of New York, Respondent, v. Bernard Stein, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Rudolph Stand and Julius Stern for appellant.

Frank S. Hogan, District Attorney (Richard G. Denzer, Charles W. Manning and Jack M. Cotton of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Dissent: CONWAY, J., Chief Judge CRANE.

Judgment of conviction affirmed; no opinion.

CONWAY, J., votes to reverse and grant a new trial upon the ground that the identity of the defendant as the person who committed the homicide was not shown with sufficient certainty to preclude a reasonable possibility of error. (People v. Seppi, 221 N.Y. 62, 68; People v. Davino, 284 N.Y. 486, 489.) Chief Judge CRANE, in People v. Crum (272 N.Y. 348, 350), set forth clearly and succinctly...

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