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PEOPLE v. LAINO

10 N.Y.2d 161 (1961)

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

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Edward H. Levine and Vernon C. Rossner for appellant.

Louis J. Lefkowitz, Attorney-General (Robert E. Fischer, Moses Weintraub and Maxwell B. Spoont of counsel), for respondent.

Judges DYE, FULD, FROESSEL and VAN VOORHIS concur with Judge FOSTER; Chief Judge DESMOND and Judge BURKE dissent and vote to affirm.

FOSTER, J.

Defendant was convicted after a nonjury1 trial at an Extraordinary Special and Trial Term of the Supreme Court, County of Oneida, of three counts of income tax evasion, in violation of sections 376 (subd. 4) and 386-j of the Tax Law of the State of New York. A sentence of nine months' imprisonment in Oneida County Jail was imposed on each count, the terms of imprisonment...

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