PEOPLE v. DE FLUMER


16 N.Y.2d 20 (1965)

The People of the State of New York, Respondent, v. Carl De Flumer, Jr., Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1965.


Attorney(s) appearing for the Case

L. Robert Leisner for appellant.

John T. Garry, II, District Attorney (J. Raymond Fisher of counsel), for respondent.

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


DYE, J.

The defendant, at the time of the commission of the crime of which he was convicted, was a youth just short of 15 years. Emphasis upon this fact tends to divert, if not obliterate, the factors which led to his indictment for murder in the first degree and his eventual plea of guilty to a lesser degree of homicide. The circumstances surrounding such plea were fully explored in the coram nobis hearing...

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