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PEOPLE v. FIORE

12 N.Y.2d 188 (1962)

The People of the State of New York, Respondent, v. Vincent D. Fiore (Also Known as "Cricky" Fiore), Dennis P. O'Dowd, Robert Bogan, Frank S. Macner, Leonard Custodero and Pasquale Fragetta, Appellants.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Edward H. Levine and Vernon C. Rossner for Vincent D. Fiore, appellant.

Paul R. Shanahan for Dennis P. O'Dowd, appellant.

Henry E. Taylor for appellants.

Louis J. Lefkowitz, Attorney-General (Robert E. Fischer and Maxwell B. Spoont of counsel), for respondent.

On the appeal of the defendant O'Dowd: Judgment modified by reversing so much thereof as convicts him of conspiracy, that count dismissed as to him and the judgment otherwise affirmed. Chief Judge DESMOND and Judges DYE, FULD and VAN VOORHIS concur with Judge BURKE; Judges FROESSEL and FOSTER dissent and vote to affirm the judgment as to defendant O'Dowd.

BURKE, J.

In January, 1958 the Joint Legislative Committee on Government Operations of the New York State Legislature and the Commissioner of Investigations of the State of New York commenced inquiries into law-enforcement practices of the City of Utica. In June the Attorney-General superseded the District Attorney of Oneida County in certain areas of investigation...

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