PEOPLE v. ERCOLE


4 N.Y.2d 617 (1958)

The People of the State of New York, Appellant, v. Anniello Ercole, Also Known as "T", Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for appellant.

Edward H. Levine, Abraham H. Brodsky and Vernon C. Rossner for respondent.

Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


Chief Judge CONWAY.

In May of 1953 an indictment was returned against the defendant Ercole which contained four counts of larceny, the first for first degree grand larceny, and the remaining three for petit larceny. This indictment, drawn pursuant to section 276 of the Code of Criminal Procedure, is commonly known as a "long form" indictment. At the trial, after a jury had been sworn and some preliminary testimony...

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