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PEOPLE v. COCCO

305 N.Y. 282 (1953)

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

Court of Appeals of the State of New York.

Decided May 28, 1953

Attorney(s) appearing for the Case

Joseph Speranza and Thomas J. McKenna for appellant.

Jack E. Gellman, District Attorney (William H. Earl of counsel), for respondent.

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

LEWIS, Ch. J.

The defendant stands convicted by a County Court jury of Niagara County of grand larceny in the second degree.

Following rendition of the jury's verdict, counsel for the defendant applied by motion in County Court for an order setting aside the verdict against him and for a new trial. Among grounds asserted in support of that motion was misconduct by jurors (Code Crim. Pro., § 465, subds...

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