Legal Opinion

People v. Cascia

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1920PublishedCited by 6 opinions

Appeal by the defendant, Luigi Cascia, from a judgment of the County Court of Kings county, rendered against him on the 20th day of February, 1919, convicting him of the crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him to not more than ten years and six months and not less than five years in State’s prison, and also from an order of said court denying defendant’s motion for a new trial made upon…

Read the full summary

Appeal by the defendant, Luigi Cascia, from a judgment of the County Court of Kings county, rendered against him on the 20th day of February, 1919, convicting him of the crimes of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him to not more than ten years and six months and not less than five years in State’s prison, and also from an order of said court denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Blackmar, J.:

About eight o’clock on the evening of Sunday, the 24th of November, 1918, three men entered a little grocery store at No. 100 Harrison street, Brooklyn, kept by Pasquale Della Mura and Lucia, his wife, and at the point of a revolver took $150 from the money drawer. This robbery was conclusively proved and is not controverted. The serious question litigated was whether the defendant was concerned in it.

One peculiarity of the case is that Pasquale and Lucia Della Mura deny that the defendant was one of the robbers. Obviously the district attorney knew, when he brought the case on…

2Cases cited3 opinions

  1. Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
  2. People v. . SmithNew York Court of Appeals · 1902
  3. People v. . McDonaldNew York Court of Appeals · 1899

3Cited by6 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1921
  2. State v. SharbinoSupreme Court of Louisiana · 1940
  3. Board of Education v. NyquistAppellate Division of the Supreme Court of the State of New York · 1981
  4. Montalvo v. MontalvoNew York City Family Court · 1968
  5. People v. SanacoryAppellate Division of the Supreme Court of the State of New York · 1931

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API