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PEOPLE v. GATTI

16 N.Y.2d 251 (1965)

The People of the State of New York, Respondent, v. Serafino Gatti and Michael Lawrence Whitfield, Appellants.

Court of Appeals of the State of New York.

Decided November 24, 1965.

Attorney(s) appearing for the Case

Robert Schaus for appellants.

Michael F. Dillon, District Attorney (Theodore S. Kasler of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

FULD, J.

In the early morning hours of November 8, 1964, Bob's Super Market, located in the Town of Evans, Erie County, was forcibly entered and a 300-pound safe stolen and carried off in an automobile. Investigation led the police to believe that the safe and the men who had taken it were located in a residence on Herr Road. Arriving at the dwelling, the officers heard...

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