People v. De Mino

273 N.E.2d 133, 29 N.Y.2d 602, 324 N.Y.S.2d 402, 1971 N.Y. LEXIS 1116

Opinion

Order affirmed in the following memorandum: There was no showing of actual prejudice beyond the fact of the retrial itself, to which the defense — differing from that in Price v. Georgia (398 U. S. 323)—interposed no objection (see People ex rel. Williams v. Follette, 30 A D 2d 693, affd. 24 N Y 2d 949; People ex rel. Elias v. Follette, 32 A D 2d 929, mot. for lv. to app. den. 25 N Y 2d 742).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Beegan, Beeitel, Jasen and Gibson.