PEOPLE v. LEE


308 N.Y. 302 (1955)

The People of the State of New York, Appellant, v. Robert Lee, Respondent. The People of the State of New York, Respondent, v. Donald Sarra, Appellant. The People of the State of New York, Respondent, v. Daniel McCarthy, Appellant.

Court of Appeals of the State of New York.

Decided March 10, 1955


Attorney(s) appearing for the Case

Asher Marcus and Francis E. Dorn for Donald Sarra and Daniel McCarthy, appellants, and Robert Lee, respondent.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for People of the State of New York.

CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur.


FROESSEL, J.

Defendants were convicted of first degree robbery and second degree assault. The Appellate Division reversed the judgments of conviction for errors in the admission of evidence offered by the People, and in the trial court's charge to the jury. These errors are not in issue on this appeal. As to defendants Sarra and McCarthy, a new trial was ordered; as to defendant Lee, the indictment was dismissed...

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