PEOPLE v. DI MARCO


19 A.D.2d 150 (1963)

The People of the State of New York, Appellant, v. Louis Di Marco and Samuel Muscato, Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 1, 1963.


Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Leonard Finkelstein of counsel), for appellant.

Robert P. Galloway for Louis Di Marco, respondent.

Towne, Rubenstein & Foster (Joseph Rubenstein of counsel), for Samuel Muscato, respondent.

BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur.


Per Curiam.

This is an appeal by the People from an order sustaining a demurrer and dismissing an indictment charging each of the defendants with being a common gambler in violation of section 970 of the Penal Law.

The ground of the demurrer was that the Grand Jury lacked jurisdiction to present the indictment because the Police Court had not been properly divested of its jurisdiction.

Section 59 of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases