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STATE v. DE FALCO

8 N.J. Super. 295 (1950)

74 A.2d 338

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NICHOLAS DE FALCO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1950.

Attorney(s) appearing for the Case

Mr. Edward Gaulkin, First Assistant Prosecutor, argued the cause for the plaintiff-respondent (Mr. Duane E. Minard, Jr., Essex County Prosecutor, attorney; Mr. C. William Caruso, Legal Assistant Prosecutor).

Mr. Anthony A. Calandra, attorney for and of counsel with defendant-appellant, argued the cause.

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by EASTWOOD, J.A.D.

Defendant, Nicholas De Falco, appeals from a judgment of conviction of the crime of bookmaking resulting from a jury trial before the Essex County Court. He was jointly indicted with one Frank Esposito, the latter of whom retracted his plea of not guilty and entered a plea of non vult. The trial proceeded against De Falco alone and Esposito testified as a witness for the defendant.

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