Stukuls v. State of New York

42 N.Y.2d 272 (1977)

Henry I. Stukuls, Appellant,

v.

State of New York, Respondent. (Claim No. 59376.)

Court of Appeals of the State of New York.

Argued May 5, 1977.

Decided July 7, 1977.

Thomas P. Gilhooley and Theodore Fenstermacher for appellant.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for respondent.

Opinion by Judge FUCHSBERG in which Judge COOKE concurs; Chief Judge BREITEL and Judge GABRIELLI concur in another opinion by Judge JONES; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

FUCHSBERG, J.

This…