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PEOPLE v. PEARLSTONE

38 Misc.2d 33 (1962)

The People of the State of New York, Respondent, v. Irving Pearlstone, Appellant.

Supreme Court, Appellate Term, First Department.

November 15, 1962

Attorney(s) appearing for the Case

Henry K. Schnitzer for appellant. Frank S. Hogan, District Attorney (Richard R. Lutz of counsel), for respondent.

HECHT and GOLD, JJ., concur; HOFSTADTER, J. P., dissents in memorandum and votes to affirm.

Per Curiam.

Evidence of observation of defendant's activities by a police officer prior to arrest, all of which activities are consistent with a finding of innocence, the overhearing of the statement, "Pearly, give me the knicks five times," made by an unknown male in defendant's presence while the said male is passing money to the defendant, and finding the defendant possessed of some $500 upon a search of his person...

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