People v. Davico
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Davico, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 11th day of March, 1915, convicting him of the crime of selling cocaine, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial.
1Opinion of the Court
Rich, J.:
The defendant was indicted jointly with Dominic Oarlucci, but was tried separately.
On the evening of August 29, 1914, one Waitword, a policeman, accompanied by a woman of the street, visited a saloon owned and conducted by Oarlucci, at 30 Flushing avenue. Waitword did not know the appellant, and had never seen him prior to the time when he entered the saloon. He says that while seated in the rear room the appellant entered and handed him a parcel; that he asked, “What’s this ? ” and the appellant replied, “ Why, this is the coke.” Nothing further was said, and there was no…
2Cases cited2 opinions
- People v. . StedekerNew York Court of Appeals · 1903
- People v. GormanNew York Supreme Court · 1895
3Cited by2 opinions
- People v. Kollender, New York County Courts1939
- People v. GuigliettaAppellate Division of the Supreme Court of the State of New York · 1925