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PEOPLE v. BAKER

23 N.Y.2d 307 (1968)

The People of the State of New York, Respondent, v. Wallace Baker, Ronald Felder, William Craig, Robert Rice, Daniel Hamm and Walter Thomas, Appellants.

Court of Appeals of the State of New York.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Alfred I. Rosner and Martin B. Rosner for Wallace Baker, appellant.

John E. Silverberg, Conrad J. Lynn, William M. Kunstler, Abraham H. Brodsky and Raphael P. Koenig for Ronald Felder and William Craig, appellants.

Gussie Kleiman and Alfred Norick for Robert Rice, appellant.

Victor J. Herwitz and Myron J. Greene for Daniel Hamm, appellant.

Herbert J. Adlerberg, Irving Mendelson and Arthur C. Muhlstock for Walter Thomas, appellant.

Frank S. Hogan, District Attorney (Alan F. Scribner and Michael Juviler of counsel), for respondent.

Opinion by Judge KEATING. All concur except Judge SCILEPPI who dissents in part and votes to affirm as to all defendants except defendant Baker, and Judge BERGAN, who dissents and votes to affirm as to all defendants in a separate opinion in which Judge JASEN concurs and in which Judge SCILEPPI concurs in part.

KEATING, J.

Frank and Margit Sugar arrived in the United States in December, 1956 after having made their way to safety in the West following the collapse of the Hungarian Revolution. In 1960 they began operating a small, retail clothing shop in Manhattan.

Late in the afternoon of Wednesday, April 29, 1964, Frank and Margit were sitting at a desk toward the rear of their store. The store was quiet. Three...

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