PEOPLE v. SPITALERI


11 A.D.2d 785 (1960)

The People of the State of New York, Respondent, v. Charles Angelo Spitaleri, Appellant

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

July 5, 1960


Judgment affirmed.

No opinion.

Kleinfeld and Pette, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum:

In our opinion, it was error, warranting reversal and a new trial, to admit over defendant's objections, as part of the People's direct case, evidence that defendant had pleaded guilty to an attempt to commit the crime charged, and, with the court's consent, had withdrawn such guilty plea and substituted...

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