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PEOPLE v. VARIANO

5 N.Y.2d 391 (1959)

The People of the State of New York, Appellant, v. Peter Variano, Respondent.

Court of Appeals of the State of New York.

Decided April 9, 1959.

Attorney(s) appearing for the Case

Joseph F. Gagliardi, District Attorney (Leonard Rubenfeld, Warren J. Schneider and Arthur Praete of counsel), for appellant.

Frank S. Hogan, District Attorney (Richard G. Denzer and H. Richard Uviller of counsel), for New York State District Attorneys' Association, amicus curiæ, in support of appellant's position.

Walter A. Caddell for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.

VAN VOORHIS, J.

The People appeal from the reversal by the Westchester County Court of a conviction of defendant in the Police Justice Court of the Village of Tarrytown of book-making in violation of section 986 of the Penal Law. He was charged under three informations tried together, which are identical except that they charge the commission of the crime on separate days — December 18, 19 and 21, 1956...

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