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PEOPLE v. SALEMI

309 N.Y. 208 (1955)

The People of the State of New York, Respondent, v. Leonardo Salemi, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Jacob Shientag and Rudolph Stand for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning and Richard G. Denzer of counsel), for respondent.

CONWAY, Ch. J., FROESSEL and BURKE, JJ., concur with DYE, J.; FULD, J., dissents in an opinion in which DESMOND and VAN VOORHIS, JJ., concur; DESMOND, J., dissents in a separate opinion in which FULD and VAN VOORHIS, JJ., concur.

DYE, J.

On March 12, 1954, we affirmed by a divided court this defendant's appeal from a judgment of the Court of General Sessions of the County of New York (GOLDSTEIN, J., and a special jury) rendered June 24, 1953, upon a verdict convicting defendant of the crime of murder in the first degree and from an order of said court made June 17, 1953, following a hearing, denying...

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