PEOPLE EX REL. ZIZZO v. FAY


16 A.D.2d 658 (1962)

The People of the State of New York ex rel. Dominick Zizzo, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 2, 1962


Order affirmed, without costs.

The writ was based on relator's claim that his trial in 1936 for murder in the first degree proceeded in his absence. More specifically, relator alleges that the jury, after retiring to deliberate, returned on several occasions to the courtroom in his absence and had certain testimony read to them. The minutes of the trial show that the jury returned three times to the courtroom and requested that certain testimony and certain portions...

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