New York Court of Appeals, 1949

People v. Dunn, Gentile

New York Court of Appeals · Decided February 24, 1949 · Loughban, Lewis, Conway, Fuld, Desmond, Dye

84 N.E.2d 635; 298 N.Y. 865 (North Eastern Reporter, Second Series)

Opinion of the Court

Upon reargument of appeals by appellants John M. Dunn and Daniel Gentile: Judgments of conviction affirmed. No opinion.

Concur: LoughbaN, Ch. J., Lewis, CoNway and Fuld, JJ. DesmoNd and Dye, JJ., dissent, and vote to reverse and order a new trial on the ground that the newly discovered evidence could well change the result if presented to a jury and, accordingly, should he so presented. [See 298 N. Y. 564, 706, 929.]

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