People v. De Lucia

The questions at issue are (1) whether the recent decision of this court in People v. De Lucia (15 N Y 2d 294) should be overruled out of hand as wrongly decided, and the minority view made to prevail as expressed in the dissenting opinion therein or, if not, then (2) whether that decision has been overruled on Federal constitutional grounds by the United States Supreme Court in Parker v. Gladden (385 U. S. 363) as interpreted by the United States Court of Appeals, Second Circuit, in United States, ex rel. De Lucia v. McMann (373 F. 2d 759). The latter involved a Federal writ of habeas corpus…