Opinion
Argued December 1, 1954
Decided December 31, 1954
Appeal from the Court of General Sessions of New York County, GOLDSTEIN, J.
John McKim Minton and Frederick J. Miller for Concepcion Estrada Correa, appellant.
Harris B. Steinberg, Philip Brown and Arthur L. Harrow for Pedro Antonio Rios, appellant.
Newman Levy and Benjamin Levy for Henry Matthews, appellant.
Frank S. Hogan, District Attorney ( Richard G. Denzer and Leonard E. Reisman of counsel), for respondent.
Judgments of conviction affirmed; no opinion.
Concur: LEWIS, Ch. J., CONWAY, DYE and VAN VOORHIS, JJ. DESMOND, FULD and FROESSEL, JJ., dissent and vote to reverse and order a new trial upon the ground that the record contains several erroneous statements by the trial judge, particularly his instruction that all of the defendants must be regarded as accomplices as a matter of law, and that it is impossible to determine whether or not their rights were seriously prejudiced by any of those errors.