31 N.Y.2d 658 | NY | 1972
Dissenting Opinion
(dissenting). I dissent and vote to reverse on the ground that the evidence presented in this case and in other cases coming from Kings County clearly indicates that there was no way to ascertain with accuracy the correct number of irregularities, since there was, by the admission of the Board of Elections, utter confusion. Under the circumstances the rule of probability could not apply. In addition, there were voters who were
Lead Opinion
Concur: Chief Judge Ftjld and Judges Bergan, Breitel, Jasen and Gibson. Judges Burke and Scileppi dissent and vote to reverse in the following separate memoranda.
Dissenting Opinion
(dissenting). I dissent and vote to reverse on the ground that irregularities in connection with the obtaining of registrations, and other irregularities, rendered it impossible to determine who was properly elected. These irregularities were in sufficiently large numbers to establish the probability that the result could have been changed by the invalidation of the votes east by these questioned registrants.
Order affirmed.