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PEOPLE v. WILLIAMS

6 N.Y.2d 18 (1959)

The People of the State of New York, Respondent, v. Walter Williams, Appellant.

Court of Appeals of the State of New York.

Decided May 14, 1959.

Attorney(s) appearing for the Case

David Kashman and Matthew H. Brandenburg for appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judge FULD concurs.

Chief Judge CONWAY.

The defendant Walter Williams was convicted of selling a quantity of heroin at his home to one James Giles on the evening of July 17, 1956. Giles, the principal witness for the People, testified to the actual sale by the defendant, and his testimony was substantially as follows. At about 5:30 P.M. on the day in question Giles telephoned the defendant...

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