PEOPLE v. PENNISE


281 A.D. 839 (1953)

The People of the State of New York, Respondent, v. Salvatore Pennise, Appellant

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

February 9, 1953.


Judgment affirmed.

No opinion.

Nolan, P. J., and MacCrate, J., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum:

Appellant has been convicted of manslaughter in the first degree for the killing of one Lawrence Detweiler. Appellant, his codefendant, De Mino, the deceased, and others had been engaged in a fist fight outside a bar and grill in Brooklyn. De Mino left the fight, returned with a knife and stabbed...

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