PEOPLE v. RODRIQUEZ


53 Misc.2d 648 (1967)

The People of the State of New York, Respondent, v. Elieser Rodriquez (also Known as Elieses Rodriques), Appellant.

Supreme Court, Appellate Term, First Department.

February 16, 1967


Attorney(s) appearing for the Case

Samuel Singer for appellant. Frank S. Hogan, District Attorney (Malvina H. Guggenheim of counsel), for respondent.

Concur — STREIT, J. P., HOFSTADTER and TILZER, JJ.


Per Curiam.

The admission in evidence of wooden slabs of a park bench on a charge of section 975 of the Penal Law was error. People v. Wolosky (296 N.Y. 236, 239) has established that possession of policy slips or similar articles in a criminal statute "means something more than making marks on another man's wall." In that case the marks were made on a marble slab affixed to the wall of a building. Here, the marks were made on wooden slabs of a park...

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