Summary
In People v Wright (35 N.Y.2d 944, cert denied 423 U.S. 856) we affirmed on the opinion by Justice Irwin D. Davidson at Trial Term. That opinion (69 Misc.2d 1050, 1051) stated with respect to the Practice Commentary (the Commission Staff Notes apparently were not cited to him) that: "The commentator's authority to support that statement does not appear. It seems to be inconsistent with the provisions of the statute.
Summary of this case from People v. WilliamsOpinion
Argued December 16, 1974
Decided December 20, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Robert A. Naidus and William E. Hellerstein for appellant.
Richard H. Kuh, District Attorney ( T. James Bryan and Lewis R. Friedman of counsel), for respondent.
Order affirmed on the opinion by Mr. Justice IRWIN D. DAVIDSON at Trial Term.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.