Majority
p. 827The People of the State of New York, Respondent, v. Frank Viserto, Appellant.
No opinion. Hopkins, Latham and Brennan, J J., concur; Rabin, Acting P. J., and Martuseello, J., dissent and vote to reverse the judgment and dismiss the indictment, with the following memorandum: The evidence was purely circumstantial and, in our opinion, inadequate to justify conviction (People v. Weiss, 290 N. Y. 160 , 163).
Cases cited
- People v. Weiss 290 N. Y. 160 at 163 p. 827