PEOPLE v. SANDS


46 Misc.2d 981 (1965)

The People of the State of New York, Respondent, v. Manny Sands, Appellant.

Supreme Court, Appellate Term, First Department.

May 13, 1965


Attorney(s) appearing for the Case

N. Henry Lindenhauer for appellant. Frank S. Hogan, District Attorney (Frederick P. Hafetz of counsel), for respondent.

GOLD, J., concurs in opinion by TILZER, J. P.; COPOZZOLI, J., dissents in memorandum.


TILZER, J. P.

The arresting officer testified that on June 8, 1964, from 1:30 to 1:55 P.M., he was sitting in a truck parked in front of premises 310 St. Nicholas Avenue, a stationery-candy store, and that at separate intervals he observed four men enter the store, approach the defendant, hand him money and slips of paper and then leave apparently without having made any purchase. After each transaction the defendant Sands would walk to an ice cream freezer...

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