PEOPLE v. DE SANTIS


305 N.Y. 44 (1953)

The People of the State of New York, Respondent, v. Joseph J. De Santis, Appellant.

Court of Appeals of the State of New York.

Decided January 21, 1953


Attorney(s) appearing for the Case

Harry G. Anderson for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion.


FROESSEL, J.

We are all satisfied that the evidence was sufficient to establish defendant's guilt beyond a reasonable doubt, and that the verdict was not inconsistent.

It was not reversible error to include in the indictment allegations charging defendant as a prior offender, and to receive proof therof at the trial. This has long been the settled practice in this State (Johnson v. People, 55 N.Y...

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