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PEOPLE v. ABELSON

309 N.Y. 643 (1956)

The People of the State of New York, Respondent, v. Samuel Abelson, James Lagala, Hyman Becker, Arthur J. Fromen, Jules Kramer, Anthony Perrone, Joseph Lape, Samuel Siegel, Harry A. Rosen, Alias Al Rosen, Appellants.

Court of Appeals of the State of New York.

Decided February 17, 1956

Attorney(s) appearing for the Case

William B. Mahoney for Hyman Becker and others, appellants.

John I. O'Day for James Lagala and another, appellants.

John S. McGovern for Samuel Abelson and others, appellants.

John S. McGovern for Jules Kramer, appellant.

Abe Roth for Harry A. Rosen, appellant.

John F. Dwyer, District Attorney (Merrill G. Windelberg and Leonard Finkelstein of counsel), for respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.

Per Curiam.

The judgments of conviction of the nine appellants must be reversed and a new trial ordered for the following reasons: (1) the proof of voice identification was inadequate to send the question to the jury, (2) the People failed to prove, prima facie, that appellants were engaged in a single conspiracy to commit the crime of book-making, (3) the People failed to prove, prima facie, that appellants, or any...

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