PEOPLE v. ANDERSON


16 N.Y.2d 282 (1965)

The People of the State of New York, Respondent, v. Hobart Anderson, Appellant. The People of the State of New York, Respondent, v. Ronald Thompson, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1965.


Attorney(s) appearing for the Case

Dennis J. Kenny for Hobart Anderson, appellant.

H. Kenneth Schroeder, Jr., for Ronald Thompson, appellant.

Michael F. Dillon, District Attorney (Theodore S. Kasler of counsel), for respondent.

Chief Judge DESMOND and Judges FULD and VAN VOORHIS concur with Judge BURKE; Judges DYE, SCILEPPI and BERGAN dissent and vote to affirm.


BURKE, J.

On these appeals brought by permission, defendants Anderson and Thompson seek to reverse their convictions of robbery, first degree. While the defendant Anderson was in custody awaiting trial, a hearing was held on a motion to suppress certain evidence and the District Attorney presented the testimony of a witness relative to the legality of the search. Because of his unexplained absence from the courtroom...

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