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People v. Cervone

300 N.Y. 636 Court N.Y. Decision date 1950-01-12 English

Contents

Majority

p. 636
The People of the State of New York, Respondent, v. Peter Cervone, Appellant.
Argued January 3, 1950;
decided January 12, 1950.
Harold A. Gordon, Alexander Grasso and Charles J. Drago for appellant.
William M. Nicoll, District Attorney (D. Vincent Cerrito of counsel), for respondent.

Judgment affirmed; no opinion.

p. 637
Concur: Loughran, Ch. J., Lewis, Desmond, Dye and Fuld, JJ. Conway and Froessel, JJ., dissent and vote to reverse and order a new trial upon the ground that the admission in evidence, over defendant’s objection, of the hedge clippers, as the alleged assault weapon, constituted error, which upon this record we cannot regard as immaterial.