PEOPLE v. ROSS


21 N.Y.2d 258 (1967)

The People of the State of New York, Respondent, v. Joseph Ross, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.


Attorney(s) appearing for the Case

Alan D. Berlin and Anthony F. Mara for appellant.

Aaron E. Koota, District Attorney (Harold M. Brown of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN and KEATING concur with Judge SCILEPPI; Judge BREITEL dissents and votes to reverse and order a new trial in a separate opinion.


SCILEPPI, J.

Defendant appeals by permission of an Associate Justice of the Appellate Division, Second Department, from a judgment of that court affirming a judgment of the Supreme Court, Kings County, convicting the defendant, after trial, of criminally buying and receiving stolen property as a felony and sentencing him as a second felony offender for a term of from 5 to 7½ years.

At the trial,...

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