PEOPLE v. YANNICELLI


40 A.D.2d 564 (1972)

The People of the State of New York, Appellant, v. Michael Yannicelli, William J. Murty, Frank Smith, Anthony Gariola, Joseph Capobianco, Gerald Politi, Wilson Youmans and Robert Simmons, Respondents

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

July 13, 1972


Sentences of defendants Joseph Capobianco and Robert Simmons affirmed. Sentences of defendants Michael Yannicelli, William J. Murty, Frank Smith, Anthony Gariola, Gerald Politi and Wilson Youmans reversed, on the law, and, for the purpose of resentencing, the cases of said defendants are remanded to the Acting County Judge of Westchester County who imposed the original sentences.

The Judge of the County Court of Tompkins...

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