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People v. Commoroato

266 A.D. 997 Court N.Y. App. Div. Decision date 1943-11-26 English

Decision Majority · Dissent — Untermyer, J.

Contents

Majority

p. 997
The People of the State of New York, Respondent, v. Anthony Commoroato, Defendant, and David Lags and Louis Russo, Appellants.

Present— Townley, Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents as to the defendant David Lage in opinion.

(dissenting as to the defendant Lage). The admission, over objection and exception, against the defendant Lage of a paper found on the person of the defendant Russo containing a list of drugs which were stored in

Dissent

p. 998
the warehouse vault in my opinion was error of so serious a character as to require reversal of the judgment against the defendant Lage and a new trial as to him. The judgment against the defendant Russo should be affirmed.