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PEOPLE v. CAPONE

35 Misc.2d 1071 (1962)

The People of the State of New York, Respondent, v. Alfred Capone, Appellant.

Court of Special Sessions of the City of New York, Appellate Part, Second Department.

August 28, 1962

Attorney(s) appearing for the Case

Michael S. Washor for appellant. Edward S. Silver, District Attorney (Harry Brobar of counsel), for respondent.

JAMES R. CREEL, J.

The defendant moves for leave to reargue the appeal herein. Heretofore the defendant had been tried and convicted in Magistrates' Court for book-making in violation of section 986 of the Penal Law, and on appeal that conviction had been affirmed by this court without opinion, Chief Justice MURTAGH dissenting and voting to reverse and remand for a new trial.

In support of this motion the defendant cites the recent case of

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