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PEOPLE v. ROTH

11 N.Y.2d 80 (1962)

The People of the State of New York, Respondent, v. Jerry Roth, Appellant.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Murray A. Gordon for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

Judge FOSTER concurs with Judge VAN VOORHIS; Judge FULD concurs in a separate opinion; Judge FROESSEL concurs with Judge VAN VOORHIS in a separate opinion only as to the first ground assigned for reversal in which Chief Judge DESMOND and Judges DYE and BURKE concur.

VAN VOORHIS, J.

Defendant was convicted of felony murder (homicide while engaged in the commission of attempted rape on November 24, 1958) with recommendation of life imprisonment. There was admitted into evidence the report to the County Court of two psychiatrists, appointed at the direction of the court, to the effect that he was capable of understanding the charge and of making his defense (Code Crim. Pro....

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