New York Court of Appeals, 1946

People v. Fay, Bove

People v. Fay, Bove
New York Court of Appeals · Decided July 23, 1946
68 N.E.2d 453; 296 N.Y. 510; 1946 N.Y. LEXIS 1131 (North Eastern Reporter, Second Series)

People v. Fay, Bove

Opinion of the Court

Judgment affirmed. Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: the defendants argued that the *512 decision of the Trial Court in granting the motion of the People for a special jury and in overruling the challenge of defendants to the special jury panel constituted a denial of due process and a violation of their rights under the Fourteenth Amendment of the Constitution of the United States. This Court held that the granting of the motion of the People for a special jury and the overruling of the challenge of the defendants to the special jury panel was not a denial of due process or a violation of defendants’ rights under the Fourteenth Amendment to the Constitution of the United States. No opinion.

Concur: Loughean, Ch. J., Lewis, Conway, Desmond and Thacheb, JJ. Taking no part: Dye and Fuld, JJ.

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