PEOPLE v. DI STEFANO


45 A.D.2d 56 (1974)

The People of the State of New York, Respondent, v. Peter Di Stefano, Appellant

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

June 11, 1974.


Attorney(s) appearing for the Case

Irwin Rochman for appellant.

Anthony J. Girese of counsel (Lewis R. Friedman and Robert A. Goldschlag with him on the brief; Richard H. Kuh, District Attorney), for respondent.

NUNEZ, J. P., MURPHY and LYNCH, JJ., concur with TILZER, J.; KUPFERMAN, J., concurs in part and dissents in part in an opinion.


TILZER, J.

Defendant appeals from a judgment convicting him after trial (SCHWARTZ, J. and a jury), of the crimes of conspiracy in the second degree (Penal Law, § 105.10) and attempted robbery in the second degree (Penal Law, §§ 110.00, 160.10) and sentencing him to concurrent indeterminate terms of imprisonment not to exceed three years.

The major issue on appeal concerns the propriety of...

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