PEOPLE v. WEISSER


36 A.D.2d 54 (1971)

The People of the State of New York, Respondent, v. Roger Weisser, Appellant

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

February 18, 1971.


Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta M. Wolfgang of counsel), for appellant.

Michael F. Dillon, District Attorney (William H. Dillon of counsel), for respondent.

GOLDMAN, P. J., WITMER, MOULE and HENRY, JJ., concur.


DEL VECCHIO, J.

On appellant's appeal from a conviction of murder in the first degree and felonious possession of a loaded firearm one issue has been raised requiring a new trial on the murder charge.

On March 25, 1967 the body of Thomas Caffarelli was found in his shoe repair shop with a bullet wound in his head, his wallet missing and no money in the cash box. The bullet removed from his body had been...

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