Sukup v. State of New York

19 N.Y.2d 519 (1967)

Sam Sukup, Respondent,

v.

State of New York, Appellant. (Claim No. 37497.)

Court of Appeals of the State of New York.

Argued April 4, 1967.

Decided May 16, 1967.

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

Harry E. Ratner for respondent.

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

BERGAN, J.

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