People v. Spitaleri

Appeal by the defendant from a judgment of the County Court, Queens County, rendered May 16, 1958, convicting him of violating subdivision 2 of section 1751 of the Penal Law, and sentencing him to serve from 5 to 10 years. Judgment affirmed. No opinion. Nolan, P. J., Beldock and Ughetta, JJ., concur; Kleinfeld and Pette, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum: In our opinion, it was error, warranting reversal and a new trial, to admit over defendant’s objections, as part of the People’s direct case, evidence that defendant had…