People v. Rizzo — 148 N.Y.S. 1135

Majority

p. 1135

PEOPLE, Respondent, v. RIZZO, Appellant.

(Supreme Court, Appellate Division, Second Department.

July 31, 1914.)

Headnote

Proceeding by the People of the State of New York against Salvatore Rizzo.

We think that upon the trial of an indictment for blackmail, in sending a threatening letter in April, it was reversible error to prove an act committed in the following December, similar to the act threatened, and with which the defendant was not connected by any proof. Judgment of conviction, and order, reversed, and new trial granted.

PUTNAM, J., votes to affirm.