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PEOPLE v. CORREA

308 N.Y. 696 (1954)

The People of the State of New York, Respondent, v. Concepcion Estrada Correa, Pedro Antonio Rios and Henry Matthews, Appellants.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

John McKim Minton and Frederick J. Miller for Concepcion Estrada Correa, appellant.

Harris B. Steinberg, Philip Brown and Arthur L. Harrow for Pedro Antonio Rios, appellant.

Newman Levy and Benjamin Levy for Henry Matthews, appellant.

Frank S. Hogan, District Attorney (Richard G. Denzer and Leonard E. Reisman of counsel), for respondent.

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

Judgments of conviction affirmed; no opinion.

DESMOND, FULD and FROESSEL, JJ., dissent and vote to reverse and order a new trial upon the ground that the record contains several erroneous statements by the trial judge, particularly his instruction that all of the defendants must be regarded as accomplices as a matter of law, and that it is impossible to determine whether or not their rights were seriously prejudiced by any of...

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