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PEOPLE v. CIOFFI

286 A.D. 203 (1955)

The People of the State of New York, Respondent, v. Armand Cioffi, Appellant

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

June 28, 1955.

Attorney(s) appearing for the Case

Otto F. Fusco appellant.

Walter E. Dillon of counsel (Daniel V. Sullivan, District Attorney, Bronx County, attorney), for respondent.

PECK, P. J., COHN and RABIN, JJ., concur with CALLAHAN, J.; BREITEL, J., dissents and votes to reverse and grant a new trial, in opinion.

CALLAHAN, J.

Defendant was indicted by the Grand Jury of Bronx County on four misdemeanor counts, two for impairing the morals of minors, and two for assault in the third degree. The first count specified that on the 28th day of January, 1954, the defendant unlawfully permitted a female child, one "Mary Doe",* of the age of eleven years to be placed in a situation where her morals...

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