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PEOPLE v. MEROLLA

9 N.Y.2d 62 (1961)

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

Court of Appeals of the State of New York.

Decided January 12, 1961.

Attorney(s) appearing for the Case

Frank Serri and Henry A. Scardapane for appellant.

Edward S. Silver, District Attorney (William Sonenshine and Aaron E. Koota of counsel), for respondent.

William P. Sirignano and Irving Malchman for Waterfront Commission of New York Harbor, amicus curiæ.

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

FROESSEL, J.

On the morning of September 30, 1958, three investigators attached to the New York Waterfront Commission, New York Harbor, and a detective from the Kings County District Attorney's office were stationed upon a promenade overlooking Pier No. 2 at the Brooklyn waterfront. They observed the activities of defendant from 7:05 to 7:40 A.M. He was standing below them but about 100 feet distant, in front but...

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