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PEOPLE v. LA MARCA

3 N.Y.2d 452 (1957)

The People of the State of New York, Respondent, v. Angelo John La Marca, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Henry W. Schober, Joseph Lonardo and Philip Huntington for appellant.

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

DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; DESMOND, J., dissents in an opinion in which FULD, J. concurs.

CONWAY, Ch. J.

On July 4, 1956, shortly before 3:00 P.M., Peter Weinberger, then about one month old, was kidnapped from his carriage, which was on the rear patio of his home in Westbury, Nassau County. The baby's mother, who discovered the kidnapping, found a handwritten ransom note on the floor of the patio, near the empty carriage, reading:

"Attention. I'm sorry this had to happen, but I...

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