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People v. Cartello

254 A.D. 629 Court N.Y. App. Div. Decision date 1938-03-09 English

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p. 629
The People of the State of New York, Respondent, v. Peter Cartello and Vito Polito, Appellants.

Judgment of conviction affirmed. Memorandum: The intentional burning of the building and the intentional binning of the insured furniture were single transactions and constituted separate crimes. (Code Grim. Proe. § 279. Cf. People v. Shields, 242 App. Div. 846 ; affd., 266 N. Y. 200 .) All concur. (The judgment convicts defendants of the crimes of arson, second degree, and a violation of section 1201 of the Penal Law.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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