PEOPLE v. DE LUCIA


15 N.Y.2d 294 (1965)

The People of the State of New York, Respondent, v. Fred De Lucia and Salvator Montella, Appellants.

Court of Appeals of the State of New York.

Decided March 18, 1965.


Attorney(s) appearing for the Case

William Sonenshine for appellants.

Frank D. O'Connor, District Attorney (Harvey B. Ehrlich of counsel), for respondent.

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


DYE, J.

In this joint appeal by permission, the appellants contend that the affirmance in the court below of the trial court's order denying their motion to set aside the verdict and for a new trial amounted to reversible error. The motion was based on an affidavit by defendants' trial counsel in which he referred to statements allegedly made to him by certain of the jurors shortly after the verdict had been...

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