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PEOPLE v. CONTALDO

10 A.D.2d 963 (1960)

The People of the State of New York, Respondent, v. Thomas Contaldo, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1960

Order affirmed.

Defendant's motion was based on his affidavit in which he asserted that during the course of his trial the County Judge left the courtroom without declaring a recess; that during his absence two of the witnesses for the People held a conversation in the presence of the jury; and that in support of the facts just stated his attorney has in his possession affidavits by two witnesses, whose names were not disclosed...

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