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PEOPLE v. MALIZIA

4 N.Y.2d 22 (1958)

The People of the State of New York, Respondent, v. John Malizia, Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

Maurice Edelbaum for appellant.

Frank S. Hogan, District Attorney (Lawrence Feitell and Richard G. Denzer of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE concur with Judge VAN VOORHIS; Judge FROESSEL concurs in the reversal of the conviction under the first count, but would order a new trial on that count, and concurs in the affirmance of the fourth count, but without remission.

VAN VOORHIS, J.

Defendant-appellant has been convicted on two counts of crimes in relation to narcotics. The first count of the indictment charges that in the county of New York, on or about November 3, 1955 defendant unlawfully bartered and exchanged, and sold, gave and offered to give to Calvin Malone a quantity of a narcotic drug, to wit, a quantity of heroin. This count...

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