PEOPLE v. SPINELLO


303 N.Y. 193 (1951)

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

Court of Appeals of the State of New York.

Decided July 11, 1951


Attorney(s) appearing for the Case

Jerome J. Silver for appellant.

George B. De Luca, District Attorney (George Tilzer and Herman J. Fliederblum of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; CONWAY, J., dissents and votes to reverse and dismiss the indictment in a memorandum.


DESMOND, J.

Defendant-appellant Spinello, above named, appeals here from a divided-vote affirmance of his conviction of robbery in the first degree. The two opinions in the Appellate Division deal mainly with the meaning, and application to this case, of section 393-b of the Code of Criminal Procedure which was passed by the Legislature in 1927 (L. 1927, ch. 336) and is, in full, as follows: "§ 393-b.

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