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PEOPLE v. LEVY

15 N.Y.2d 159 (1965)

The People of the State of New York, Respondent, v. David M. Levy, Patrick Maloney and Louis D'Antonio, Appellants.

Court of Appeals of the State of New York.

Decided February 4, 1965.

Attorney(s) appearing for the Case

James B. Kilsheimer, III, and Samuel Lawrence Brennglass for David M. Levy, appellant.

J. Kevin Meneilly for Patrick Maloney, appellant.

Edward J. Bloustein for Louis D'Antonio, appellant.

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

Chief Judge DESMOND and Judges FULD and VAN VOORHIS concur with Judge BERGAN; Judge BURKE dissents and votes to affirm in a memorandum in which Judges DYE and SCILEPPI concur.

BERGAN, J.

In the early morning of December 31, 1961, Mr. and Mrs. John Mosler, stopping their car in front of 1035 Fifth Avenue where they lived, were accosted by two armed men who at gunpoint entered the car, one of them taking over the control of the car and the other getting in back.

On the trial it was established that John Richlia, who was a People's witness, was the driver of the car and defendant...

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