Appellate Division of the Supreme Court of New York, 1931

People v. Salmore

Appellate Division of the Supreme Court of New York · Decided November 27, 1931 · Sherman

233 A.D. 522; 253 N.Y.S. 589; 1931 N.Y. App. Div. LEXIS 11353

Counsel

Charles J. Her son, for the appellant Jack Salmore., Samuel Gottlieb of counsel [Hyman Bushel with him on the brief; Bushel & Gottlieb, attorneys], for the appellant Theodore A. Classman., John C. McDermott of counsel [Thomas C. T. Crain, District Attorney], for the respondent.

Opinion of the Court

Sherman, J.

The learned trial court cross-examined severely one of the defendants. In his charge to the jury he erroneously intimated that defendants were required to make a satisfactory explanation of their possession of the stolen merchandise (People v. Burlingame, 213 App. Div. 331), and at the close of the charge instructed them that “ If juries will not bring in honest and proper verdicts, we might as well close up the courts and turn the city over to the racketeers.”

However, the guilt of both defendants was so clearly and conclusively established by the evidence that we are constrained to affirm the judgment and disregard error under section 542 of the Code of Criminal Procedure.

Finch, P. J., Merrell, O’Malley and Townley, JJ., concur.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.