Opinion
Argued June 12, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, First Department, MUNSON, J.
Harold R. Medina, Thomas R. Fay, Robert J. Fitzsimmons and I. Maurice Wormser for Joseph S. Fay, appellant.
Moses Polakoff and Samuel Mezansky for James Bove, appellant.
Frank S. Hogan, District Attorney ( Whitman Knapp, Joseph A. Sarafite, Milton H. Spiero and Sylvia Jaffin Singer of counsel), for respondent.
Judgment affirmed. Upon this appeal there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: the defendants argued that the decision of the Trial Court in granting the motion of the People for a special jury and in overruling the challenge of defendants to the special jury panel constituted a denial of due process and a violation of their rights under the Fourteenth Amendment of the Constitution of the United States. This Court held that the granting of the motion of the People for a special jury and the overruling of the challenge of the defendants to the special jury panel was not a denial of due process or a violation of defendants' rights under the Fourteenth Amendment to the Constitution of the United States. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: DYE and FULD, JJ.