People v. Stein

New York Court of Appeals

People v. Stein

103 N.E.2d 898, 303 N.Y. 791, 1952 N.Y. LEXIS 1283

DecidedJanuary 17, 1952

StatusPublished

This text of 103 N.E.2d 898 (People v. Stein) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Stein, 103 N.E.2d 898, 303 N.Y. 791, 1952 N.Y. LEXIS 1283 (N.Y. 1952).

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Opinion

Upon the reargument of the appeal upon the ground of newly discovered evidence: Judgment of conviction affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Conway, J., dissents in the following memorandum: After considering the testimony received on the motion for a new trial made upon the ground of newly discovered evidence, I am confirmed in what I wrote when the case was here originally. (302 N. Y. 915.) The crucial issue is a matter of identity. The evidence of identity is not of such weight and credibility as to convince me that the jury was justified in finding the defendant guilty beyond a reasonable doubt.

I also think that a reading of the testimony of the witness Sherf on the question of identity discloses that the zeal of the trial court in seeking to assist in exploring the. facts resulted in depriving the defendant of a fair trial.

I, therefore, vote to reverse the judgment and grant a new trial. [See 302 N. Y. 915; 303 N. Y. 627, 853.]

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Upon the reargument of the appeal upon the ground of newly discovered evidence: Judgment of conviction affirmed; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Conway, J., dissents in the following memorandum: After considering the testimony received on the motion for a new trial made upon the ground of newly discovered evidence, I am confirmed in what I wrote when the case was here originally. (302 N. Y. 915.) The crucial issue is a matter of identity. The evidence of identity is not of such weight and credibility as to convince me that the jury was justified in finding the defendant guilty beyond a reasonable doubt.

I also think that a reading of the testimony of the witness Sherf on the question of identity discloses that the zeal of the trial court in seeking to assist in exploring the. facts resulted in depriving the defendant of a fair trial.

I, therefore, vote to reverse the judgment and grant a new trial. [See 302 N. Y. 915; 303 N. Y. 627, 853.]

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Bluebook (online)

103 N.E.2d 898, 303 N.Y. 791, 1952 N.Y. LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stein-ny-1952.

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