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PEOPLE v. CAMMARATA

13 N.Y.2d 1152 (1964)

The People of the State of New York, Respondent, v. John Cammarata, Appellant.

Court of Appeals of the State of New York.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Abraham Werfel for appellant.

Frank S. Hogan, District Attorney (Malvina H. Guggenheim and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN. Dissent: Judge SCILEPPI.

Judgment reversed and a new trial ordered upon the ground that it was prejudicial error for the trial court to exclude the alleged conversation between defendant and the police inspector.

Judge SCILEPPI dissents in the following memorandum: I dissent and vote to affirm. In my opinion, the testimony with regard to a particular telephone conversation offered by defendant and excluded by the trial court was prima...

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