The People of the State of New York, Respondent,
v.
Charles Hernandez and Manuel Ramirez, Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 24, 1961.
Decided July 7, 1961.
Attorney(s) appearing for the Case
Jacob W. Friedman and Irving Mendelson for Charles Hernandez, appellant.
Whitman Knapp, Robert F. Ambrose and Andrew von Hirsch for Manuel Ramirez, appellant.
Frank S. Hogan, District Attorney (Richard G. Denzer of counsel), for respondent.
Judges DYE, VAN VOORHIS, BURKE and FOSTER concur in Memorandum; Judges FULD and FROESSEL dissent and vote to reverse as to defendant Ramirez in separate opinions; Chief Judge DESMOND dissents and votes to reverse as to both defendants in an opinion.
Court of Appeals of the State of New York.
MEMORANDUM:
The judgments should be affirmed. We do not hold that the rule stated in People v. Rosario (9 N.Y.2d 286) is to be applied prospectively only, but in this case the error of the trial court in refusing the request of counsel for the defense to examine the Grand Jury minutes and pretrial statements of witnesses (which we have examined) was not so prejudicial as to require...
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