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MATTER OF MARCUS v. JOSEPH

281 A.D. 336 (1953)

In the Matter of Julius Marcus, Respondent, v. Lazarus Joseph, as Comptroller of The City of New York, Appellant

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

March 3, 1953.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

Edward V. Morand for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur in Per Curiam opinion; COHN and VAN VOORHIS, JJ., dissent and vote to affirm, in opinion.

Per Curiam.

In our opinion the provisions of section 308 of the Code of Criminal Procedure respecting the employment of experts as witnesses are limited to capital cases. The sentence in question in section 308 referring to employment of experts and beginning with the words "In any case" was added by chapter 242 of the Laws of 1918, entitled "AN ACT to amend section three hundred eight of the code of criminal procedure...

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