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PEOPLE v. SILVER

10 A.D.2d 274 (1960)

The People of the State of New York, Respondent, v. Leon Silver, Appellant

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

April 12, 1960.

Attorney(s) appearing for the Case

Philip Segal of counsel (Samuel Segal, attorney), for appellant.

Arthur C. Muhlstock of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney, attorney), for respondent.

BOTEIN, P. J., BREITEL and M. M. FRANK, JJ., concur with VALENTE, J.; McNALLY, J., dissents and votes to affirm in opinion.

VALENTE, J.

Appellant was convicted in the Court of General Sessions of the crime of grand larceny, first degree, arising from his participation — with an unapprehended confederate — in the theft of $1,800 worth of furs, taken from a showroom of a furrier on the eighth floor of a building on West 30th Street about 12:00 noon on a weekday. He was sentenced to the New York City Penitentiary for a...

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