PEOPLE v. LOVELLO


1 N.Y.2d 436 (1956)

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

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Peter L. F. Sabbatino and Edward J. Fontana for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning, Sidney M. Fruhling and Stephen A. Wise of counsel), for respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DESMOND, J.

Defendant's conviction was on four counts of criminally buying and receiving stolen property as a felony. There is no dispute as to the sufficiency of the prosecution's proof. The conviction must, however, be reversed for the reasons stated in the dissenting opinion at the Appellate Division.

The Trial Judge declined to charge the jury, as requested by defendant's counsel, that "the police...

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