PEOPLE v. PRESLEY


22 A.D.2d 151 (1964)

The People of the State of New York, Respondent, v. Charles E. Presley, Appellant

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

December 3, 1964.


Attorney(s) appearing for the Case

Asher S. Cohen for appellant.

Francis R. Moran, District Attorney (Lucien Ali of counsel), for respondent.

WILLIAMS, P. J., and HENRY, J., concur with DEL VECCHIO, J.; GOLDMAN and NOONAN, JJ., dissent in opinion.


DEL VECCHIO, J.

The question as to the defendant's guilt or innocence was clearly one of fact for the jury and the verdict finding him guilty should be upheld unless errors of a substantial and prejudicial character were committed during the trial. We have reviewed the record and in our judgment the defendant received a fair trial and his guilt of the crimes of robbery, first degree, and grand larceny, second...

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