(Argued October 13, 1936;
decided November 17, 1936.)
*603 Jacob W. Friedman and Edward B. Wallace for Salvatore Scata, appellant.
Louis J. Castellano for Joseph Bolognia, appellant.
Benjamin C. Ribman and Milton H. Goldstricker for Theodore DiDonne, appellant.
Samuel S. Leibowitz and Osmond K. Fraenkel for Dominick Zizzo and Eugene Bruno, appellants.
Jack H. Delbick and Leo Healy for Sam Kimmel, appellant.
William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
As to each defendant, judgment of conviction affirmed. The error in the judge’s charge as to the effect of a promise by the Assistant District Attorney did not in our opinion affect the substantial right of the defendants. No opinion.
Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch and Finch, JJ. Dissenting as to defendants Kimmel, Bruno and Zizzo; Lehman and Loughran, JJ.
272 N.Y. 602
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