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PEOPLE v. CAVERIO

1 N.Y.2d 657 (1956)

The People of the State of New York, Appellant, v. Alfred Souza Caverio, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1956.

Attorney(s) appearing for the Case

Russell G. Hunt, District Attorney (George N. Meyl of counsel), for appellant.

James E. Gavagan for respondent.

Concur: CONWAY, Ch. J., FROESSEL, VAN VOORHIS and BURKE, JJ. FULD, J., dissents in the following opinion, in which DESMOND, J., concurs. Taking no part: DYE, J.

Order affirmed. As we read the said order and the memoranda incorporated therein it was necessary to examine the record and, under such circumstances, we affirm. (People v. Minkowitz, 220 N.Y. 399, 404; People v. Boas, 92 N.Y. 560; Cohen and Karger, Powers of the New York Court of Appeals, p. 767.)

FULD, J. (dissenting).

I do not believe that the order before us is appealable.

The Appellate Division reversed the judgment...

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