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PEOPLE v. PATRICOLA

9 A.D.2d 686 (1959)

The People of the State of New York, Respondent, v. Augostino Patricola, Appellant

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

October 13, 1959

Judgment reversed on the law and the facts, information dismissed, and fine remitted.

In our opinion, the evidence was not sufficient beyond a reasonable doubt to justify the rejection of appellant's testimony. Upon appellant's testimony, he was not guilty of the crime charged in the information (see, e.g., People v. Gargano, 267 App. Div. 776; People v. Hjalte, 279 App. Div. 762; People ex rel. Collins v. McLaughlin, 60 Misc. 306, affd. 128 App...

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