PEOPLE v. SPITALERI


9 N.Y.2d 168 (1961)

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

Court of Appeals of the State of New York.

Decided February 23, 1961.


Attorney(s) appearing for the Case

William J. Nicoson, Anthony F. Marra and William E. Willis for appellant.

Frank D. O'Connor, District Attorney (Morton Greenspan and Benj. J. Jacobson of counsel), for respondent.

Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Chief Judge DESMOND.

Defendant was convicted by a jury in Queens County Court of the felony of possessing a quantity of the narcotic drug heroin with intent to sell it (Penal Law, § 1751, subd. 2). The affirming majority in the Appellate Division filed no opinion. The two Justices who dissented wrote that "it was error, warranting reversal and a new trial, to admit over defendant's objections, as part of...

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