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PEOPLE v. BIRCH

8 Misc.2d 245 (1957)

The People of the State of New York, Plaintiff, v. Leroy Birch, Lencio De Leon, John McCarthy, Charles Horton, Richard Hills, George Melendez and Louis Alvarez, Defendants.

Court of General Sessions of County of New York.

October 24, 1957.

Attorney(s) appearing for the Case

Frank Hogan, District Attorney (Robert R, Reynolds of counsel), for plaintiff.

H. O. N. Frankel, R. E. Hummelstein, Roy T. Spraggins and Albert E. Schwartz for Leroy Birch, defendant.

Sylvester Cosentino, H. Stephen Frank, Robert Helfand and Joseph W. Landes for Lencio De Leon, defendant.

James D. C. Murray, Jerome T. Hyman, Abraham J. Gellinoff and David Paris for John McCarthy, defendant.

Emil Schlesinger, Max Bloom, Nelson Kantor, Henry Williams and Ira Holley for Charles Horton, defendant.

John P. Sweeney for Richard Hills, defendant.

George V. Todaro, Philip Morgenstein, Hugo Rogers and Albert Elsen for George Melendez, defendant.

Albert Felix, Mark Lane, Harry Suchman and Richard I. Rudell for Louis Alvarez, defendant.

ABRAHAM N. GELLER, J.

This is a motion by the People of the State of New York for a special jury pursuant to section 749-aa of the Judiciary Law. The seven defendants in the case have been indicted for murder in the first degree.

Section 749-aa provides that the court may order a special jury where "it appears to the court that by reason of the importance or intricacy of the case, a special jury is required, or that the subject-matter...

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