DeSapio v. Koch

At the Democratic primary election held September 5,1963 for the party position of Male Leader of the First Assembly District, Part A, New York County, the official canvass recorded the election of the respondent, Edward I. Koch, by 41 votes out of a total of more than 9,000 east.

The petitioner, DeSapio, instituted this proceeding, pursuant to subdivision 2 of section 330 of the Election Law, for an order directing a holding of a new primary election for the party position involved, on the ground that 65 specific, identifiable votes cast were invalid and should not have been counted.…