PEOPLE v. PORTESE


279 A.D. 63 (1951)

The People of the State of New York, Respondent, v. Mario D. Portese, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


Attorney(s) appearing for the Case

John S. Hall for appellant.

J. Clarence Herlihy, District Attorney of Warren County for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.


COON, J.

The defendant has been convicted after a trial of illegally possessing a firearm after having been convicted of a crime in violation of section 1897 of the Penal Law.

Aside from certain alleged errors, the appeal presents the question of the sufficiency of the evidence of possession by the defendant. On that issue the People called but one witness, Sam Monte. Apparently a .32 caliber revolver was...

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