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PEOPLE v. PISCITELLO

7 N.Y.2d 387 (1960)

The People of the State of New York, Respondent, v. Frank Piscitello, Appellant.

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Bella V. Dodd for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER concur with Judge DYE; Judge FROESSEL dissents in a separate opinion.

DYE, J.

The defendant-appellant stands convicted of the crime of attempted robbery, third degree, entered on his plea of "guilty" taken January 7, 1958 in the Court of General Sessions, New York County, to cover all counts of a second superseding indictment filed by a New York County Grand Jury under date of October 22, 1957 (No. 429¾-55). That indictment added one new charge and omitted three of the crimes...

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