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PEOPLE v. CASTLEGRANDE

306 N.Y. 604 (1953)

The People of the State of New York, Respondent, v. Nicholas Castlegrande, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1953

Attorney(s) appearing for the Case

Samuel Bernstein, Maurice G. Fleischman and Alfred I. Dittler for appellant.

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

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. Dissent: FULD and VAN VOORHIS, JJ.

Judgment affirmed; no opinion.

FULD and VAN VOORHIS, JJ., dissent and vote to reverse and to dismiss the information upon the ground that the evidence fails to establish defendant's guilt beyond a reasonable doubt as matter of law. (People v. Carpenito, 292 N.Y. 498; People v. Soshtain, 288 N.Y. 658; People v. Richardson, 287 N.Y. 563; People v. Marra,...

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