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PEOPLE v. LOUIS

1 N.Y.2d 137 (1956)

The People of the State of New York, Appellant, v. Leroy Louis and Henry Thomas, Respondents.

Court of Appeals of the State of New York.

Decided April 27, 1956.

Attorney(s) appearing for the Case

Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for appellant.

John F. Wilkinson, Samuel Morris and Harry Kraf for respondents.

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

FULD, J.

Alex Brustofsky, 71 years of age, was killed by two men in the course of a holdup committed in the hallway of the apartment house in which he lived. Defendants were charged with murder in the first degree, convicted and sentenced, upon the jury's recommendation, to life imprisonment. The Appellate Division reversed the judgments of conviction solely on the law and ordered a new trial; in its view, the...

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