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PEOPLE v. CASERINO

16 N.Y.2d 255 (1965)

The People of the State of New York, Respondent, v. Anthony Caserino, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1965.

Attorney(s) appearing for the Case

Joseph M. Schwartz for appellant.

Frank S. Hogan, District Attorney (Milton M. Stein and H. Richard Uviller of counsel), for respondent.

Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents in an opinion in which Judge FULD concurs.

VAN VOORHIS, J.

Robert Munos was killed and James Warga assaulted by Frank Falco on July 11, 1963 in a bar and grill on lower Second Avenue, Manhattan. Falco is dead (from other causes) and appellant has been convicted, not of being a principal in the homicide, but of being an accessory (after the fact) under section 1934 of the Penal Law and of criminally possessing a pistol under section 1897. An accessory...

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