People v. Palumbo

Lupiano, J. (dissenting).

The instant case reflects an element of “chance” or “fate” somewhat at variance with my judicial philosophy, which is predicated on the search for objective truth and a minimizing of the subjective element in the decision-making process. Without engaging in an appraisal of the imaginative, as compared or contrasted with the purely rational basis underlying the processes by which appellate courts resolve the questions and issues brought before them, it suffices to briefly delineate the procedural history of this matter. Defendant was convicted, after a jury trial, of…