236 N.Y.S.2d 63, 187 N.E.2d 130
Court of Appeals of the State of New York.Argued October 29, 1962
Decided December 6, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL J. WIDLITZ, J.
Page 813
[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]Page 814
Abraham W. Sereysky and Jacques M. Schiffer for appellants.
William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.
Judgments affirmed; no opinion.
Concur: Judges DYE, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judges FULD and FROESSEL dissent and vote to reverse and to order a new trial upon the ground that keeping the jury in deliberation for over 24 consecutive hours without any respite, and after they had advised the court of their fatigue on more than one occasion, constitutes coercion of the jury as matter of law.
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