PEOPLE v. OVERBY


10 N.Y.2d 779 (1961)

The People of the State of New York, Respondent, v. James Overby, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1961.


Attorney(s) appearing for the Case

Howard V. Burke for appellant.

Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez (), decided herewith.


Judgment affirmed...

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