Opinion
Reargued December 1, 1948.
Decided February 24, 1949
Appeal from the Court of General Sessions of New York County, DONNELLAN, J.
Bernard Hershkopf and Hyman Barshay for John M. Dunn, appellant.
Harry G. Anderson and Vincent Tese for Daniel Gentile, appellant.
Frank S. Hogan, District Attorney ( Whitman Knapp and William Hoppen of counsel), for respondent.
Upon reargument of appeals by appellants John M. Dunn and Daniel Gentile: Judgments of conviction affirmed. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and FULD, JJ. DESMOND and DYE, JJ., dissent, and vote to reverse and order a new trial on the ground that the newly discovered evidence could well change the result if presented to a jury and, accordingly, should be so presented.