PEOPLE v. COSTELLO


6 A.D.2d 385 (1958)

The People of the State of New York, Respondent, v. Frank Costello, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 30, 1958.


Attorney(s) appearing for the Case

Edward Bennett Williams of counsel (Osmond K. Fraenkel with him on the brief; Morris Shilensky, attorney), for appellant.

Charles W. Manning of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney), for respondent.

BOTEIN, P. J., and McNALLY, J., concur with BERGAN, J.; STEVENS, J., dissents in opinion, in which RABIN, J., concurs in opinion.


BERGAN, J.

An attempt to assassinate him having been made on May 2, 1958, appellant Frank Costello was called as a witness before the New York County Grand Jury on its inquiry into the crime.

While he was in a hospital for treatment of injury resulting from the attack on him, the police, searching his clothing, had found in his pocket a paper containing notations of various amounts of money connected with...

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