People v. Burke

39 N.Y.2d 729 (1976)

The People of the State of New York, Respondent,

v.

Charles Burke, Appellant.

Court of Appeals of the State of New York.

Argued February 13, 1976.

Decided April 6, 1976.

Michael Lee Hertzberg and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Billie Manning of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion.

Order affirmed in the following memorandum: The order of the Appellate Division should be affirmed on the ground that at…