PEOPLE v. GENOVESE


10 N.Y.2d 478 (1962)

The People of the State of New York, Respondent, v. Gabriel Genovese, Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1962.


Attorney(s) appearing for the Case

Vernon C. Rossner and Edward H. Levine for appellant.

Frank S. Hogan, District Attorney (Robert O. Lehrman and H. Richard Uviller of counsel), for respondent.

Judges FROESSEL, VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in an opinion in which Judge DYE concurs.


FULD, J.

The record leaves not the slightest doubt as to the defendant Genovese's guilt of the crime of acting as a fight manager without having procured the required license (State Athletic Commission Law [L. 1920, ch. 912, as amd.], §§ 7, 33, as amd. and renum. by L. 1952, ch. 666) and, were it not for certain newspaper publicity attending the opening of the trial, we would affirm the judgment without...

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