PEOPLE v. RUBICCO


34 N.Y.2d 841 (1974)

The People of the State of New York, Appellant, v. George Rubicco and August Rubicco, Respondents.

Court of Appeals of the State of New York.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (James M. Rose of counsel), for appellant.

William T. Griffin and James J. Doyle for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

In affirming the Appellate Division's order reversing the convictions and remanding the action for a new trial, this court does not reach the issue whether the Due Process Clauses of the State or Federal Constitutions required the asking of the voir dire question of ethnic prejudice submitted by defendants. Instead, the Appellate Division, a court vested with the same discretion as the trial court, would...

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