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PEOPLE v. CLEMENTE

8 N.Y.2d 1 (1960)

The People of the State of New York, Respondent, v. Dominic Clemente, Appellant. The People of the State of New York, Respondent-Appellant, v. Gerard J. Brinkman, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1960.

Attorney(s) appearing for the Case

Mordecai Konowitz for Gerard J. Brinkman and Michael Ruggiero for Dominic Clemente, appellants.

Frank D. O'Connor, District Attorney (Harvey B. Ehrlich of counsel), for the People of the State of New York, respondent.

Frank D. O'Connor, District Attorney (Harvey B. Ehrlich of counsel), for the People of the State of New York, appellant.

Mordecai Konowitz for Gerard J. Brinkman, respondent.

Chief Judge DESMOND and Judges FROESSEL, BURKE and FOSTER concur with Judge FULD; Judges DYE and VAN VOORHIS concur in the result.

FULD, J.

On these appeals taken by both the defendants Brinkman and Clemente and by the People, our study of the record and of the many points raised leads us to the same conclusion as that reached by the Appellate Division: the appealing defendants were proved guilty beyond a reasonable doubt on all counts of which they were convicted except count 22 — as to which the Appellate Division has reversed —...

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