PEOPLE v. COTTONE


31 A.D.2d 828 (1969)

The People of the State of New York, Respondent, v. Anthony Cottone, Appellant

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

February 17, 1969


Judgment reversed, on the law, and indictment dismissed.

The District Attorney is directed by Presiding Justice Beldock to resubmit the matter to the next Kings County Grand Jury. The findings of fact below have not been considered. Defendant's conviction rested principally, if not solely, upon the statutory presumption created by subdivision 3 of section 1302-c of the former Penal Law and subdivision 4 of section 75 of the Lien Law, arising out of the failure to...

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