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PEOPLE v. LANE

10 N.Y.2d 347 (1961)

The People of the State of New York, Respondent, v. Edward Junior Lane, Defendant, and Theodore McNeil, Clarence Lee Sloan and John Henry Williams, Appellants.

Court of Appeals of the State of New York.

Reargued October 3, 1961.

Decided November 30, 1961.

Attorney(s) appearing for the Case

James P. Cassidy for Theodore McNeil, appellant.

Lazarus I. Levine for Clarence Lee Sloan, appellant.

Solomon A. Klein for John Henry Williams, appellant.

Abraham Isseks, District Attorney (Angelo J. Ingrassia and Robert M. Devitt of counsel), for respondent.

Judges VAN VOORHIS and FOSTER concur with Judge BURKE; Judge FROESSEL concurs in result only; Judge FULD concurs for reversal in a separate opinion; Chief Judge DESMOND dissents in an opinion in which Judge DYE concurs.

BURKE, J.

The judgments convicting defendants of felony murder and sentencing them to death must be reversed and new trials ordered.

The most substantial errors raised by appellants concern the admissibility of their confessions, nature of the search resulting in discovery of the revolver, sufficiency of evidence corroborating accomplice testimony, and propriety of actions of the District Attorney.

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