PEOPLE v. ROTH


13 A.D.2d 295 (1961)

The People of the State of New York, Respondent, v. Jerry Roth, Appellant

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

June 22, 1961.


Attorney(s) appearing for the Case

Murray A. Gordon for appellant.

Walter E. Dillon of counsel (Isidore Dollinger, District Attorney), for respondent.

BOTEIN, P. J., STEVENS and BERGAN, JJ., concur with EAGER, J., VALENTE, J., dissents in opinion.


EAGER, J.

This is an appeal from a judgment of the County Court, Bronx County, convicting the defendant of the crime of murder in the first degree, with recommendation of life imprisonment.

On the record here, it is established beyond a reasonable doubt that the defendant did brutally kill a 10-year-old girl in connection with his rape or attempted rape of her. By way of defense, however, it was urged...

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