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PEOPLE v. ERCOLE

308 N.Y. 425 (1955)

The People of the State of New York, Appellant, v. Anniello Ercole, Also Known as "T", Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1955

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Aaron Nussbaum, Aaron E. Koota and Jerome C. Ditore of counsel), for appellant.

Edward H. Levine, Abraham Brodsky and Vernon C. Rossner for respondent.

CONWAY, Ch. J., and DYE, J., concur with BURKE, J.; FULD, J., concurs in a separate opinion; DESMOND, J., dissents in an opinion in which FROESSEL and VAN VOORHIS, JJ., concur.

BURKE, J.

This appeal involves a determination as to whether section 295-j of the Code of Criminal Procedure may be invoked to amend all indictments or is restricted in its application to indictments drawn and presented to the Grand Jury in accordance with the provisions of sections 295-b, 295-c, 295-d and 295-e of the Code of Criminal Procedure which are part of chapter III-A of title V of part IV of that code...

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