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People v. Urano

9 N.Y.2d 740 Court N.Y. Decision date 1961-03-02 English

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p. 740
The People of the State of New York, Respondent, v. Paul Urano, Appellant.
Argued January 10, 1961;
decided March 2, 1961.
p. 741
Stanley J. Reiben for appellant.
Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fxjld, Van Voorhis and Foster. Judges Froessel and Burke dissent and vote to reverse upon the ground that, when the jury acquitted defeiidant of robbery, they could not lawfully convict defendant of both grand larceny and assault inasmuch as their combination amounted to robbery. A new trial should be ordered.