On May 9, 1941, Buchalter was arraigned in New York state court on the 1936 Rosen murder along with three other murders. Buchalter's order for the Rosen hit had been overheard by mobster Abe Reles, who turned state's evidence in 1940 and implicated Buchalter in four murders. Returned from Leavenworth to Brooklyn to stand trial for the Rosen slaying, Buchalter's position was worsened by the testimony of Albert Tannenbaum. Four hours into deliberation, at 2 am on November 30, 1941, the jury found Buchalter guilty of first degree murder. On December 2, 1941, Lepke was sentenced to death along with his lieutenants Emanuel "Mendy" Weiss and Louis Capone. Buchalter's lawyers immediately filed an appeal.