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PEOPLE v. DRAPER

304 N.Y. 799 (1952)

The People of the State of New York, Respondent, v. William H. Draper, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1952

Attorney(s) appearing for the Case

Herbert W. Lacy and Leon Katzen for appellant.

Clarence J. Henry, District Attorney, for respondent.

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

Judgment of conviction affirmed; no opinion.

LOUGHRAN, Ch. J., and FROESSEL, J., dissent and vote to order a new trial in the following memorandum:

The defendant's constitutional protection against compulsory self incrimination was invaded when the trial prosecutor commented adversely and at length upon the defendant's refusal to take a truth serum test (see People v. Forte, 277 N.Y. 440; 8 Wigmore on Evidence [3d ed.], §§ 2272-2273). The...

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