The People of the State of New York, Appellant,
v.
Rudolph Waterman and Albert Devine, Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 28, 1961.
Decided May 18, 1961.
Attorney(s) appearing for the Case
Isidore Dollinger, District Attorney (Irving Anolik of counsel), for appellant.
Paul M. Bernstein, Anthony F. Marra and Charles J. Prentiss for Rudolph Waterman, respondent.
Maximilian W. Kempner and Anthony F. Marra for Albert Devine, respondent.
Chief Judge DESMOND and Judges DYE and FOSTER concur with Judge FULD; Judges FROESSEL and BURKE dissent and vote to reverse upon the dissenting opinion of BOTEIN, P. J., in the Appellate Division; Judge VAN VOORHIS dissents and votes to reverse in the following memorandum: The rule enunciated in People v. Di Biasi () does not apply, it seems to me, to a situation where there has been a "John Doe" indictment and the name of the defendant who is actually accused has not been inserted in the proceedings pursuant to section 277 of the Code of Criminal Procedure.
Court of Appeals of the State of New York.
FULD, J.
Indicted with two others in February of 1959, under the fictitious designations of "John Doe" and "Richard Roe", the defendants Waterman and Devine were convicted of the crimes of robbery in the first degree, second degree grand larceny and assault.1 The Appellate Division, by a divided court, reversed the judgments of conviction against both defendants and ordered a new trial...
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