People State New York v. Gabriel Genovese

The record leaves not the slightest doubt as to the defendant Genovese's guilt of the crime of acting as a fight manager without having procured the required license (State Athletic Commission Law [L. 1920, ch. 912, as amd.], §§ 7, 33, as amd. and renum. by L. 1952, ch. 666) and, were it not for certain newspaper publicity attending the opening of the trial, we would affirm the judgment without comment. After a jury had been selected to try the defendant, several articles appeared in New York City dailies concerning him which revealed a callous disregard for fair trial requirements,1 and the question which we must decide is whether the publication of these items, 2 of which were read by some of the jurors, influenced them and prejudiced the defendant. If they did, then, we would reverse even though the defendant's guilt is clearly established.