New York Court of Appeals July 10, 1963 (People v. Floyd)

lead-opinion

Judgment affirmed.

*821Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents in the following opinion.

dissent

Van Voorhis, J.

(dissenting). During the afternoon of November 20, 1952 a grocery storekeeper named Samuel Cohen was shot and killed in his store at 224 West 238th Street, Bronx. The shooting occurred during a robbery.