Summary
In Downs, as here, "[d]efendant did not surrender himself to the authorities on the advice of and in the presence of counsel but was apprehended" (People v. Downs, supra, p. 860).
Summary of this case from People v. WatermanOpinion
Argued April 18, 1960
Decided May 26, 1960
Appeal from the County Court of Bronx County, EUGENE G. SCHULTZ, J.
Otto F. Fusco, Murray Gans and Andrew Tyler for appellant.
Isidore Dollinger, District Attorney ( Irving Anolik of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND dissents and votes to reverse and to order a new trial ( People v. Di Biasi, 7 N.Y.2d 544).