PEOPLE v. WITENSKI


15 N.Y.2d 392 (1965)

The People of the State of New York, Respondent, v. John A. Witenski, Laurence Gray Reynolds and Terry Arthur Robinson, Appellants.

Court of Appeals of the State of New York.

Decided April 22, 1965.


Attorney(s) appearing for the Case

Harry Edelstein and George J. Malinsky for appellants.

Morton B. Silberman, District Attorney (Robert J. Stolarik of counsel), for respondent.

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


Chief Judge DESMOND.

These three defendants, all under 21 years of age, were, so it is charged, surprised in an orchard at about 10:30 P.M. in the act of stealing a half bushel of apples "of the value", according to the information filed by the owner of the orchard, of about $2. Sometime after midnight the three were brought before a Justice of the Peace. After brief proceedings at which none of them was represented...

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