¶1Concur: Chief Judge Desmond and Judges Dye, Froessel, Burke and Foster. Judges Fuld and Van Voorhis dissent and vote to reverse the order and to sustain the petition of appellant upon the ground that the evidence against him does not meet the standard prescribed (Matter of Di Nardo v. Monaghan, 282 App. Div. 5; Matter of Reger v. Mulrooney, 241 App. Div. 38, 44; People ex rel. Hussey v. Woods, 169 App. Div. 146, affd. 216 N. Y. 648; People ex rel. Kelly v. Waldo, 161 App. Div. 731, 732; cf. Matter of Evans v. Monaghan, 306 N. Y. 312, 319-320).
11 N.Y.2d 751
Stern v. Kennedy
Decided February 22, 1962
New York Court of Appeals · decided 1962-02-22
Relies on Evans v. Monaghan · Matter of Barnes
Decided 1962-02-22