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PEOPLE v. CANNISTRACI

54 A.D.2d 631 (1976)

The People of the State of New York, Respondent, v. Paul Cannistraci, Appellant

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

October 12, 1976

Unanimously affirmed.

Capozzoli, J., concurring.

While I have grave doubts as to the admissibility of the testimony of the witness, Thaler, which was offered by the prosecution to establish an admission by silence on the part of this defendant, nevertheless the totality of the evidence as to the defendant's guilt, disclosed in the record, is such that the conviction should not be disturbed (People v Crimmins, 36 N.Y.2d...

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