People v. Giammarinaro — 248 N.Y. 549

Majority

p. 549

The People of the State of New York, Respondent, v. John Giammarinaro, Appellant.

Headnote

Crimes — receiving stolen goods — evidence — judgment of conviction reversed for error in admission of evidence as to other stolen goods.

People v. Giammarinaro, 222 App. Div. 818 , reversed.

(Argued April 10, 1928;

decided May 1, 1928.)

Appeal, by permission, from a judgment of the Appel-' late Division of the Supreme Court in the second judicial department, entered January 13, 1928, which affirmed a judgment of the Nassau County Court rendered upon a verdict convicting the defendant of criminally receiving stolen property.

Thomas J. Cuff and Milton Pinkus for appellant.

Elvin N. Edwards, District Attorney (Richard H. Brown of counsel), for respondent.

Judgment of Appellate Division and that of County Court reversed and new trial ordered for error in the admission of evidence as to other stolen cars.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.