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PEOPLE v. PIAZZA

40 A.D.2d 1038 (1972)

The People of the State of New York, Respondent v. John L. Piazza, Appellant

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

December 29, 1972

Judgment reversed, on the law and the facts, and indictment dismissed.

With respect to any of the theories of larceny presented by the proof and submitted to the jury, we believe the People failed to prove that defendant's acts had been done with criminal intent. And if we were not reversing and dismissing the indictment on this ground, we would reverse and direct a new trial because of prejudicial errors and improper comments...

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