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PEOPLE v. DI STEFANO

1 N.Y.2d 739 (1956)

The People of the State of New York, Respondent, v. Vito Di Stefano, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1956.

Attorney(s) appearing for the Case

James G. Blake for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur; FROESSEL, J., taking no part.

Per Curiam.

In this case, prosecuted in the Nassau County District Court, the District Attorney's opening statement should have been contemporaneously recorded by the court stenographer taking the minutes of the trial. However, we disregard the error under section 542 of the Code of Criminal Procedure and affirm the judgment of conviction, concluding as we do that, on the record...

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