PEOPLE v. NAMER


309 N.Y. 458 (1956)

The People of the State of New York, Respondent, v. Isaac Namer, Also Known as David Grossman, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1956


Attorney(s) appearing for the Case

Solomon A. Klein for appellant.

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

CONWAY, Ch. J., FULD, FROESSEL and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., concurs in a separate opinion; DYE, J., taking no part.


VAN VOORHIS, J.

Defendant has been convicted of possessing a pistol of a size which might be concealed on his person, without a written license therefor, in violation of subdivision 4 of section 1897 of the Penal Law. This crime is a felony in view of the circumstance that the indictment charged, and the jury found, that in 1940 defendant had been convicted of robbery in the first degree and of criminally possessing...

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