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PEOPLE STATE NEW YORK v. RAWLIN GALLOWAY (05/14/69)

COURT OF APPEALS OF NEW YORK 1969.NY.41521 <http://www.versuslaw.com>; 249 N.E.2d 771; 24 N.Y.2d 935 decided: May 14, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.RAWLIN GALLOWAY, APPELLANT People v. Galloway, 28 A.D.2d 823, affirmed. Samuel C. Coleman for appellant. Frank S. Hogan, District Attorney (Peter F. Schwindt and Michael R. Juviler of counsel), for respondent. Concur: Judges Scileppi, Bergan, Breitel and Jasen. Chief Judge Fuld concurs in which. Judge Burke concurs. Judge Keating taking no part.


People v. Galloway, Concur: Judges Scileppi, Bergan, Breitel and Jasen. Chief Judge Fuld concurs in which. Judge Burke concurs. Judge Keating taking no part.

 Judgment affirmed.

Disposition

Judgment affirmed.

Chief Judge Fuld (concurring). Although I believe that a reversal is mandated by the principles reflected in Bruton v. United States (391 U.S. 123) and Roberts v. Russell (392 U.S. 293) and although I adhere to the views expressed in my dissenting opinion in People v. McNeil (24 N.Y.2d 550), I am constrained by the majority's decision in that case to cast my vote herein for affirmance.

19690514

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