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PEOPLE v. HALIO

13 N.Y.2d 1073 (1963)

The People of the State of New York, Respondent, v. Solomon Halio, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

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

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILLEPPI. Judges FULD and VAN VOORHIS dissent in the memorandum.

Judgment affirmed.

Judges FULD and VAN VOORHIS dissent upon the ground that the defendant was not proved guilty beyond a reasonable doubt (People v. Ledwon, 153 N.Y. 10). Moreover, admitting into evidence the extended testimony of an assistant district attorney that in his opinion defendant was guilty of the crime charged against him under the facts and law of the case was gross error which, along with the treatment of the character witnesses, should, in any...

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