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PEOPLE v. DiLUCA

85 A.D.2d 439 (1982)

The People of the State of New York, Respondent, v. Dominick DiLuca, Also Known as Dominick DiLucca, and Joseph Petrizzo, Also Known as Mooney, Appellants

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

March 29, 1982

Attorney(s) appearing for the Case

Spitznagel & Harmel (Carl J. Spitznagel, Jr., of counsel), for Dominick DiLuca, appellant.

Ain, Libert & Weinstein (Kenneth J. Weinstein of counsel), for Joseph Petrizzo, appellant.

Patrick Henry, District Attorney (Gabrielle Weglein of counsel), for respondent (separate briefs filed).

MANGANO, J. P., THOMPSON and NIEHOFF, JJ., concur.

BROWN, J.

Upon these appeals we are asked to consider whether jurors may be allowed to take notes during trial.

The indictment of the defendants arises out of the transfer of the sum of $2,000 from defendant Petrizzo to an individual named Lido Occhiuto. It was charged that Petrizzo gave said moneys to Occhiuto as a loan and threatened him with physical harm if he defaulted; that Occhiuto was to pay...

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