New York Court of Appeals, 1945

People v. Rudish

People v. Rudish
New York Court of Appeals · Decided July 19, 1945 · <italic>Per Curiam.</italic>
63 N.E.2d 77; 294 N.Y. 500 (North Eastern Reporter, Second Series)
People v. Rudish

Cases that cite this one

12 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

Upon this reargument we assume that the evidence against Eudish was sufficient and that as to him no error of law was committed upon the trial. Nevertheless, since the Supreme Court of the United States directed a new trial as to Malinski because one of his confessions was inadmissible, the defendant Eudish should, in the interest of justice, receive a new trial with that confession excluded.

The judgment of conviction should be reversed and a new trial ordered-

Lehman, Ch. J., Loughran, Desmond, Thacher and Dye, JJ., concur; Lewis and Conway, JJ., dissent on the ground that the decision on this reargument should await the retrial of People v. Malinski.

Judgment of conviction reversed, etc.

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