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PEOPLE v. VETRI

309 N.Y. 401 (1955)

The People of the State of New York, Respondent, v. James Vetri, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1955

Attorney(s) appearing for the Case

Irving T. Wolfson and Abraham Shalo for appellant.

Edward S. Silver, District Attorney (David Diamond of counsel), for respondent.

Sidney Elliott Cohn, Daniel W. Meyer and Jean Taylor for Truck Drivers Local Union No. 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., and others, amici curiæ, in support of respondent's position.

FULD, FROESSEL and VAN VOORHIS, JJ., concur with COHN, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., concurs; DESMOND and DYE, JJ., taking no part.

COHN, J.

Pursuant to leave granted by a Justice of the Appellate Division, Second Department, the defendant appeals from an order and judgment of that court affirming a judgment of a Court of Special Sessions held by a City Magistrate, Borough of Brooklyn, convicting him of a violation of section 1272 of the Penal Law in that he failed to pay the wages of his employees in accordance with the provisions of subdivision...

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