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PEOPLE v. CERVONE

300 N.Y. 636 (1950)

The People of the State of New York, Respondent, v. Peter Cervone, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1950

Attorney(s) appearing for the Case

Harold A. Gordon, Alexander Grasso and Charles J. Drago for appellant.

William M. Nicoll, District Attorney (D. Vincent Cerrito of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE and FULD, JJ. Dissent: CONWAY and FROESSEL, JJ.

Judgment affirmed; no opinion.

CONWAY and FROESSEL, JJ., dissent and vote to reverse and order a new trial upon the ground that the admission in evidence, over defendant's objection, of the hedge clippers, as the alleged assault weapon, constituted error, which upon this record we cannot regard...

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