PEOPLE v. COOPER


307 N.Y. 253 (1954)

The People of the State of New York, Respondent, v. Calman Cooper, Harry A. Stein and Nathan Wissner, Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1954


Attorney(s) appearing for the Case

Nathan Kestnbaum for appellants.

Samuel Faile, District Attorney (John J. O'Brien of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DESMOND and FROESSEL, JJ., concur with FULD, J.; DYE and VAN VOORHIS, JJ., concur in result in a separate memorandum.


FULD, J.

On this reargument of the appeal, we are called upon to decide whether the judgments convicting defendants of murder in the first degree should be reversed on the strength of the charges made by defendants in support of an application for coram nobis.

Defendants were tried and convicted in the County Court of Westchester County in December of 1950, and the resulting judgments were affirmed by this court...

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