People v. Wheatman

Chief Judge Fuld.

Seven defendants were adjudged guilty of crimes of conspiracy and bribery following a jury trial and, on appeal, the Appellate Division reversed and ordered a new *342trial (33 A D 2d 67), holding that the affidavit, relied on by the District Attorney to procure search warrants, was insufficient. The People took an appeal to our court, following a grant of leave but, before that appeal was perfected, the Appellate Division, upon the District Attorney’s application, granted a reargument with respect to the defendant Wheatman (33 A D 2d 1107). Upon the reargument, the court…