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PEOPLE v. STEIN

303 N.Y. 791 (1952)

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

Court of Appeals of the State of New York.

Decided January 17, 1952

Attorney(s) appearing for the Case

Henry A. Lowenberg for appellant.

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

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

Upon the reargument of the appeal upon the ground of newly discovered evidence: Judgment of conviction affirmed; no opinion.

CONWAY, J., dissents in the following memorandum:

After considering the testimony received on the motion for a new trial made upon the ground of newly discovered evidence, I am confirmed in what I wrote when the case was here originally. (302 N.Y. 915.) The crucial issue is a matter of identity...

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