People v. Feolo

On a previous appeal, we expressly agreed with the contention of the District Attorney that “ The uniform consistency with which Funicello’s trial testimony tallies in its details with those confessions [Summerfeld’s] is cogent proof of its veracity and accuracy.” (282 N. Y. 276, 281.) A new trial has been had for the three defendants other than Summerfeld and a second jury, without recourse to the confessions of Summerfeld, have again found the defendants guilty upon ample evidence. We need not speculate whether the jury found Funicello to be an accomplice or not, for it is submitted that…