PEOPLE v. BIANCULLI


9 N.Y.2d 468 (1961)

The People of the State of New York, Respondent, v. Richard Bianculli and Guiseppo D'Orio, Appellants.

Court of Appeals of the State of New York.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Jeremiah F. Cross for Richard Bianculli, appellant, and Joseph Aronstein for Guiseppo D'Orio, appellant.

Frank S. Hogan, District Attorney (Peter R. Rosenblatt of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


DYE, J.

The defendants have been convicted, after a jury trial, of grand larceny in the second degree, petit larceny, conspiracy and possession of burglar's tools, committed in the course of a wholesale pilfering of dimes from public parking meters.

We have no hesitancy in saying that on this record the evidence is sufficient to sustain the defendants' convictions. However, there must be a reversal and...

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