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PEOPLE v. KOZICKY

278 A.D. 773 (1951)

The People of the State of New York, Respondent, v. John Kozicky, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1951.

Judgment affirmed.

Carswell, Adel, Wenzel and MacCrate, JJ., concur, with the following memorandum:

Defendant's guilt is palpable and was convincingly established. If the denial of defendant's counsel's abstract request was error, it was technical and did not affect the substantial rights of the defendant. (Code Crim. Pro., § 542.)

Nolan, P. J., dissents and votes to reverse and to order a new trial, with the following memorandum...

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