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The People of the State of New York, Respondent, v. Joseph S. Fay and James Bove, Appellants
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 *512 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: Loughean, Ch. J., Lewis, Conway, Desmond and Thacheb, JJ. Taking no part: Dye and Fuld, JJ.
