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PEOPLE v. ORDNER

17 N.Y.2d 898 (1966)

The People of the State of New York, Respondent, v. Adolf Ordner, Also Known as Adolf Ornder, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Lawrence K. Feitell, Selig Lenefsky and Arthur C. Muhlstock for appellant.

Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BERGAN and KEATING. Judges BURKE and SCILEPPI dissent and vote to affirm.

Judgment reversed and a new trial ordered upon the ground that there is insufficient proof of the underlying felony. On the new trial there should not be a repetition of the error committed when the arresting officer was allowed to testify that before the arrest he had been shown in the police station a photograph...

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