PEOPLE v. VITALO


20 Misc.2d 861 (1960)

The People of the State of New York, Appellant, v. Joseph Domenick Vitalo, Respondent.

County Court, Schenectady County.

January 18, 1960.


Attorney(s) appearing for the Case

Morris Marshall Cohn, District Attorney (W. Albert De Matteo of counsel), for appellant.

Albert G. Bottieri for respondent.


ARCHIBALD C. WEMPLE, J.

After the defendant was sentenced on September 22, 1958, an appeal was taken to this court and a decision affirming the verdict of the Court of Special Sessions was rendered on June 23, 1959. Thereafter, an appeal was taken to the New York State Court of Appeals and on August 3, 1959, Judge CONWAY denied the appeal. On August 15, 1959 the defendant was taken into custody to begin the jail sentence of 90 days that had been imposed...

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