PEOPLE v. VITAGLIANO


15 N.Y.2d 360 (1965)

The People of the State of New York, Respondent, v. Carmine Vitagliano, Appellant.

Court of Appeals of the State of New York.

Decided April 15, 1965.


Attorney(s) appearing for the Case

Joseph Lonardo for appellant.

Frank D. O'Connor, District Attorney (Eugene Feldman of counsel), for respondent.

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


VAN VOORHIS, J.

A close question of fact was presented concerning the identity of appellant as the driver of the automobile which took his alleged accomplices, Anfossi and Wright, to the scene of the crime, and drove them away afterwards. A confession of Anfossi was read into evidence, over the objection of counsel for appellant, which implicated him as the driver of the automobile. At the time of its admission...

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