PEOPLE v. FEIN


18 N.Y.2d 162 (1966)

The People of the State of New York, Respondent, v. Mark Fein, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.


Attorney(s) appearing for the Case

Louis Nizer, Paul Martinson and Robert Arum for appellant.

Frank S. Hogan, District Attorney (Eric A. Seiff and H. Richard Uviller of counsel), for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Judge KEATING; Judge FULD dissents in a separate opinion.


KEATING, J.

On November 8, 1963, a Harlem River drawbridge operator spotted a body later identified as Rubin Markowitz, a book-maker, floating in the river. The last-known contact with the deceased was a telephone call from him at 4:00 P.M. on October 10, 1963. Death was caused by four .22 caliber bullet wounds.1

The defendant is a businessman with a wife and three children...

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