People v. Cohen

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL I. COHEN…

Court: Court of Appeals of the State of New York

Date published: Apr 18, 1968

238 N.E.2d 505 (N.Y. 1968)

291 N.Y.S.2d 16

21 N.Y.2d 1039

Opinion

Reargued April 8, 1968.

Decided April 18, 1968

Upon reargument, the original decision of July 7, 1966 adhered to.

Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Chief Judge FULD dissents and votes to reverse in the following memorandum:

Until the United States Supreme Court has definitely passed on the question here presented, I adhere to the views which I expressed in my dissenting memorandum on the appeal proper herein ( 18 N.Y.2d 650) and in my dissenting opinion in People v. Kaiser ( 21 N.Y.2d 86, 104).