PEOPLE v. LUPO


305 N.Y. 448 (1953)

The People of the State of New York, Respondent, v. William Lupo, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1953


Attorney(s) appearing for the Case

Maurice Edelbaum and Stanley L. Gluck for appellant.

Miles F. McDonald, District Attorney (William I. Siegel of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ., concur; VAN VOORHIS, J., taking no part.


FULD, J.

William Lupo was indicted for the crimes of robbery in the second degree, assault in the second degree and petit larceny, all allegedly stemming from a holdup committed on June 21, 1951. At the close of the evidence, the trial judge was, of course, obliged to spell out for the jurors the elements of those three offenses and the possible verdicts that they might report. The question, posed by defendant...

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