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  5. 8 N.Y.2d 998 (1960)
 

PEOPLE v. SQUILLANTE

8 N.Y.2d 998 (1960)

The People of the State of New York, Appellant, v. Vincent J. Squillante, Nunzio Squillante, and Bernard Adelstein, Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Manuel W. Levine, District Attorney (Henry P. Devine of counsel), for appellant.

Sol Gelb, Nicholas Castellano and Chester E. Kleinberg for Vincent J. Squillante and Nunzio Squillante, respondents.

Harry J. Halperin, Samuel L. Scholer, Shirley R. Levittan and Edward J. Neary for Bernard Adelstein, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and FOSTER. Dissent: Judges FROESSEL, VAN VOORHIS and BURKE.

Orders affirmed; no opinion.

Judges FROESSEL, VAN VOORHIS and BURKE dissent and vote to reverse in the following memorandum: The question of law before us is whether from any view of the testimony there was a question of fact regarding defendants' guilt which should have been submitted to the jury and not disposed of by dismissal in the appellate court (People v. Bellows, 281 N.Y. 67, 73). Viewing the evidence in the...

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