PEOPLE v. SYMBATO


72 A.D.2d 780 (1979)

The People of the State of New York, Respondent, v. Vincent Symbato, Appellant

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

November 13, 1979


Judgment reversed, on the law, and as a matter of discretion in the interest of justice, and new trial ordered.

Although it was adduced at defendant's trial that he was unemployed and in possession of more than $700 in cash when he was arrested shortly after the commission of the instant crimes, it was not claimed by the People that any of the money constituted the proceeds of the crimes charged. In fact, the prosecutor admitted during his summation that there was...

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