PEOPLE v. De LUCIA


20 N.Y.2d 275 (1967)

The People of the State of New York, Respondent, v. Fred De Lucia and Salvator Montella, Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

William Sonenshine for appellants.

Thomas J. Mackell, District Attorney (Peter J. O'Connor of counsel), for respondent.

Chief Judge FULD and Judges BURKE and BREITEL concur with Judge KEATING; Judge VAN VOORHIS dissents and votes to affirm in an opinion in which Judges SCILEPPI and BERGAN concur.


KEATING, J.

The issue on this appeal is the effect of an unauthorized visit by a jury to the scene of the alleged crime. Defendants De Lucia and Montella were convicted, after a jury trial, of attempted burglary in the third degree and of possession of burglar's instruments. The Appellate Division unanimously affirmed. By a closely divided court, we upheld the conviction, stating that "It has long been familiar...

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