People v. Bruzzano — 302 N.Y. 605

Majority

p. 605

The People of the State of New York, Respondent, v. Ralph Bruzzano, Appellant. The People of the State of New York, Respondent, v. Frank A. Fiorita, Appellant. The People of the State of New York, Respondent, v. Louis Garibaldi, Appellant. The People of the State of New York, Respondent, v. Jack De Luca, Appellant. The People of the State of New York, Respondent, v. Vincent Aiello, Appellant. The People of the State of New York, Respondent, v. Anthony Fiore, Appellant. The People of the State of New York, Respondent, v. Nicholas Peracchio, Appellant. The People of the State of New York, Respondent, v. Fred Stabler, Appellant. The People of the State of New York, Respondent, v. John Furia, Appellant. The People of the State of New York, Respondent, v. Charles Donofrio, Appellant. The People of the State of New York, Respondent, v. Joseph Dr Napoli, Appellant. The People of the State of New York, Respondent, v. Frank Le Pore, Appellant.

Argued January 4, 1951;

decided January 18, 1951.

p. 606

Harry P. Bray for appellants.

George M. Fanelli, District Attorney (George D. Burchell of counsel), for respondent.

p. 607

Judgments reversed and informations dismissed upon the ground that the evidence adduced by the People was not sufficient to establish a violation of section 43 of the Penal Law. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ.