MATTER OF GREGORY W.


19 N.Y.2d 55 (1966)

In the Matter of Gregory W., Appellant. In the Matter of Gerald S., Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.


Attorney(s) appearing for the Case

Leon B. Polsky and Charles Schinitsky for appellants.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum, Norman Redlich and Eric J. Byrne of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BURKE concur with Judge KEATING; Judge BERGAN dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.


KEATING, J.

In the early morning hours of September 28, 1964, two aged domestics were brutally assaulted in a private dwelling in Brooklyn. Both were the victims of beating, rape and sodomy. One was strangled to death.

Miss Delia Walsh, who survived the ordeal, told the police that she believed her assailant was a Negro, male, in his late teens or perhaps 20 years of age, and with a deep gravel voice....

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