PEOPLE v. SACCENTI


18 A.D.2d 311 (1963)

The People of the State of New York, Respondent, v. Louis Saccenti, Appellant

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

April 15, 1963.


Attorney(s) appearing for the Case

Joseph A. Solovei for appellant.

Frank D. O'Connor, District Attorney (Harvey B. Ehrlich of counsel), for respondent.

BRENNAN and HILL, JJ., concur with HOPKINS, J.; BELDOCK, P. J., and UGHETTA, J., dissent and vote to affirm, in separate opinions.


HOPKINS, J.

On May 19, 1959, the defendant was arrested and arraigned in the former Magistrate's Court of the City of New York upon a complaint charging that between September, 1956 and May, 1959 he stole merchandise of the value of $624 from the warehouse of his employer. Defendant waived examination to await the action of the Grand Jury, and was admitted to bail.

The proceeding remained in suspense...

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