PEOPLE v. SCHAPPES, 291 N.Y. 575 (1943)

50 N.E.2d 821

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MORRIS U. SCHAPPES, Appellant.

Court of Appeals of the State of New York.Argued April 20, 1943
Decided July 20, 1943

Appeal from the Supreme Court, Appellate Division, First Department, GOLDSTEIN, J.

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Henry Epstein and Victor S. Axelroad for appellant.

Herbert D. David for New York City Chapter of the National Lawyers Guild, amicus curiae, in support of appellant’s position.

Louis B. Boudin for Bakery Confectionery Workers International Union of America, Local 1, A.F. of L., et al. amici curiae, in support of appellant’s position.

Harold I. Cammer for Greater New York Industrial Union Council et al., amici curiae, in support of appellant’s position.

Abraham J. Isserman and Nathan Witt for National Federation for Constitutional Liberties, amicus curiae, in support of appellant’s position.

Frank S. Hogan, District Attorney (Stanley H. Fuld, George Raducan and David Riesman of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., dissents in the following memorandum:

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LEHMAN, Ch. J.

I dissent on the ground that though there may be sufficient evidence to show that the defendant gave false testimony and is unfit to teach in an institution of learning yet the evidence is insufficient to sustain a finding of guilt of perjury in the first degree upon the theory on which the case was tried, or to sustain a finding that the “program of the Communist International” was used “in making the policy or guiding the actions of a communist unit at the College of the City of New York” within the meaning of the charge of the trial judge.