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PEOPLE v. SCIFO

40 Misc.2d 110 (1963)

The People of the State of New York, Plaintiff, v. John Scifo, Defendant.

Criminal Court of the City of New York, New York County.

August 7, 1963

Attorney(s) appearing for the Case

Gabriel Mosner and Hammer & Rothblatt (Henry B. Rothblatt of counsel), for defendant. Frank S. Hogan, District Attorney (Thomas Reynolds of counsel), for plaintiff.

O'BRIEN, P. J., and MONTELEONE, J., concur.

BENJAMIN GASSMAN, J.

The defendant was convicted after trial of violation of sections 1140 and 483 of the Penal Law. The case was tried before a panel of three Judges and one of the Judges, MONTELEONE, J., dissented and voted to acquit. Defendant now moves to set aside the conviction and for arrest of judgment on several grounds, to wit: (1) that an infant witness 11 years of age should not have been sworn; (2) that the guilt of the defendant was not...

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