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PEOPLE v. SPILLMAN

309 N.Y. 295 (1955)

The People of the State of New York, Respondent, v. Frederick Spillman, Alias Robert Sunderland, Frederick Leo Spellman and Fred Williams, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1955

Attorney(s) appearing for the Case

John McKim Minton for appellant.

T. Vincent Quinn, District Attorney (George J. Regan of counsel), for respondent.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents as to the count charging the possession of a dangerous weapon, and votes to dismiss that count upon the ground that there was no sufficient proof of guilt thereof; DYE and FROESSEL, JJ., taking no part.

VAN VOORHIS, J.

Defendant has been convicted of: (1) burglary, third degree; (2) petit larceny; (3) carrying a dangerous weapon as a felony; (4) possession of burglar's instruments as a felony; (5) unlawful possession of a dangerous weapon as a felony and (6) carrying a dangerous weapon as a felony; all as fourth felony offenses, except that of petit larceny.

In September, 1948, the Fealy home in Springfield...

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