Leeds v. State

20 N.Y.2d 701 (1967)

Kenneth H. Leeds, Respondent,

v.

State of New York, Appellant. (Claim No. 39478.)

Court of Appeals of the State of New York.

Argued April 3, 1967.

Decided July 7, 1967.

Louis J. Lefkowitz, Attorney-General (Emil Woldar and Ruth Kessler Toch of counsel), for appellant.

Erwin Greenberg for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and BERGAN concur in memorandum; Judge SCILEPPI dissents and votes to modify in an opinion in which Judges KEATING and BREITEL concur.

MEMORANDUM.

The order appealed from should be affirmed, with costs. The difficulty with the position taken…