People v. Paccione

I would reverse the judgment and dismiss the indictment. The evidence presented by the People, amounting to no more than defendant’s presence in a gambling "wire room,” is insufficient as a matter of law to establish defendant’s guilt beyond a reasonable doubt.

I agree with the positions taken by Justices Smith and Milonas in the dissenting opinion in appellant’s codefendant’s appeal (see, People v Rossi, 177 AD2d 303, 308 [Smith, J., dissenting], lv granted 79 NY2d 834).

Appellant’s arguments on appeal mirror those presented by his codefendant, James Rossi. The only difference is that the…