Summary
In People v Slater (304 N.Y. 896) the court affirmed, without opinion, a judgment of conviction where the defendant argued on appeal that it was error for the Trial Judge to submit to the jury the question as to whether or not she had been acting as an agent for the adopting parents.
Summary of this case from People v. MichelmanOpinion
Argued December 4, 1952
Decided January 15, 1953
Appeal from the Supreme Court, Appellate Division, First Department, VALENTE, J.
Henry Epstein, Harold Wolfram and Joshua B. Schoenberger for Irwin Slater, appellant.
Michael Rechler for Bess Bernard, appellant.
Frank S. Hogan, District Attorney ( Charles W. Manning and Richard G. Denzer of counsel), for respondent.
Judgment affirmed. Questions under the Federal Constitution were presented and necessarily passed upon, as follows: Both appellants contended that the statutes under which they were convicted (Social Welfare Law, §§ 371, 374, 389; Penal Law, § 487-a) are invalid in that they violate on their face, and as construed and as applied by the trial court, the due process clause of the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that the statutes aforesaid do not violate the due process clause aforesaid. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.