PEOPLE v. RUSSO


278 A.D. 98 (1951)

The People of the State of New York, Respondent, v. John Russo, Appellant, et al., Defendants

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

March 27, 1951.


Attorney(s) appearing for the Case

Frank Serri for appellant.

Jack M. Cotton of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney, New York County), for respondent.

PECK, P. J., CALLAHAN and VAN VOORHIS, JJ., concur with COHN, J.; SHIENTAG, J., dissents and votes to reverse and dismiss the information, in opinion.


COHN, J.

At about 1:30 A.M. on April 7, 1949, in the city of New York, policemen in a patrol car observed appellant and the other two defendants seated in a parked car and saw a fourth man, Grubhofer, standing on the sidewalk with his head inside the window of the parked vehicle. Grubhofer was ordered to step aside and the three defendants were directed to come out of the car. After the four men had been searched...

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