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PEOPLE v. FORLANO

19 A.D.2d 365 (1963)

The People of the State of New York, Respondent, v. Nicholas Forlano and Carmine Persico, Jr., Appellants

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

October 29, 1963.

Attorney(s) appearing for the Case

Abraham H. Brodsky for Nicholas Forlano, appellant.

Maurice Edelbaum for Carmine Persico, appellant.

H. Richard Uviller of counsel (Frank S. Hogan, District Attorney, with him on the brief), for respondent.

RABIN, STEVENS and EAGER, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion, in which BREITEL, J. P., concurs.

Per Curiam.

Defendants Forlano and Persico appeal from judgments of conviction entered on February 6, 1963, upon defendants' pleas of guilty to the crime of assault in the third degree. Each defendant was sentenced to one year in the New York City penitentiary. Motions to vacate the sentences and to withdraw the pleas of guilty were denied.

A certificate of reasonable doubt was granted and each defendant is now out on bail.

Section 337 of the...

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