People v. Davis

303 N.Y. 235 (1951)

The People of the State of New York, Respondent,

v.

James Davis, Appellant.

Court of Appeals of the State of New York.

Argued May 23, 1951.

Decided October 18, 1951

Jawn A. Sandifer for appellant.

Frank A. Gulotta, District Attorney (Philip Huntington and Henry P. De Vine of counsel), for respondent.

CONWAY, DYE and FROESSEL, JJ., concur with LEWIS, J.; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., and DESMOND, J., concur.

LEWIS, J.

This appeal by the defendant, by permission of a member of this court (Code Crim. Pro., § 519, subd. 1; § 520, subd. 3) presents for our…