PEOPLE v. SACCHITELLA


31 A.D.2d 180 (1968)

The People of the State of New York, Respondent, v. Eugene Sacchitella, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1968.


Attorney(s) appearing for the Case

Joseph E. Brill for appellant.

Alan F. Scribner of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

STEVENS, J. P., CAPOZZOLI, TILZER, RABIN and McNALLY, JJ., concur.


Per Curiam.

This is an appeal from a judgment convicting defendant, after trial, of the crimes of feloniously selling of narcotics, felonious possession of a narcotic drug and felonious possession of a narcotic drug, with an intent to sell.

It can be argued that there was sufficient evidence adduced by the People to warrant a verdict of guilty. However, we are of the opinion that the admission into evidence of the tape which purportedly contains conversations...

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