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PEOPLE v. LOVELLO

1 A.D.2d 162 (1956)

The People of the State of New York, Respondent, v. Joseph Lovello, Appellant

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

February 14, 1956.

Attorney(s) appearing for the Case

Peter L. F. Sabbatino of counsel (Thomas J. Todarelli and Edward J. Fontana with him on the brief; Sabbatino & Todarelli, attorneys), for appellant.

Charles W. Manning of counsel (Sidney M. Fruhling and Stephen A. Wise with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BREITEL and BOTEIN, JJ., concur with FRANK, J.; PECK, P. J., dissents and votes to reverse and order a new trial in opinion in which BERGAN, J., concurs.

FRANK, J.

After a lengthy trial, defendant was convicted of criminally receiving stolen property and criminally concealing and withholding stolen property. We are of the opinion that the guilt of defendant was clearly and substantially established and there was ample proof, independent of defendant's confession, to sustain the verdict.

The testimony established that one Joseph Ireland, a jewel thief, filched...

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