PEOPLE v. McCORMACK


278 A.D. 191 (1951)

The People of the State of New York, Respondent, v. Thomas McCormack, Appellant

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

April 24, 1951.


Attorney(s) appearing for the Case

Joseph F. Clements for appellant.

Charles W. Manning of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney), for respondent.

PECK, P. J., and COHN, J., concur with CALLAHAN, J.; VAN VOORHIS, J., concurs in result in opinion; HEFFERNAN, J., dissents and votes to reverse, in opinion.


CALLAHAN, J.

The defendant has been convicted of second degree murder after trial on an indictment charging murder in the first degree. He is presently serving a sentence of forty years to life. The defendant now appeals from the judgment of conviction because of alleged errors committed on the trial.

About 7:30 P.M. on the evening of March 13, 1949, the defendant returned to his apartment at 1479 York...

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