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PEOPLE v. PORCARO

6 N.Y.2d 248 (1959)

The People of the State of New York, Respondent, v. Enrico Porcaro, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Herbert S. Siegal for appellant.

Daniel V. Sullivan, District Attorney (Irving Anolik of counsel), for respondent.

Chief Judge CONWAY and Judge FROESSEL concur with Judge VAN VOORHIS; Judge FULD concurs in a separate opinion; Judge BURKE dissents in an opinion in which Judge DYE concurs and in which Judge DESMOND concurs in a separate opinion.

VAN VOORHIS, J.

Appellant was indicted for first degree sodomy, second degree assault and impairing the morals of a minor in violation of subdivision 2 of section 483 of the Penal Law. These charges arose out of one incident alleged to have occurred on January 1, 1957. The jury acquitted appellant of the first two charges but found him guilty of the last charge, which is a misdemeanor. As in the case of People...

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