PEOPLE v. MEZZAPELLA


19 A.D.2d 729 (1963)

The People of the State of New York, Respondent, v. Cosimo Mezzapella, Appellant The People of the State of New York, Respondent, v. John Santaromita, Also Known as John Santonorita, Appellant

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

July 1, 1963


Judgments reversed on the law and the facts and a new trial ordered.

Although the evidence as to the identification of the defendants as perpetrators of the crimes charged was sufficient as a matter of law to present an issue for determination by the jury (People v. Seppi, 221 N.Y. 62, 68; People v. Lee, 308 N.Y. 302), it was not entirely satisfactory, and it may not be said that...

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