People v. Tumminaro

This is an appeal from a judgment of conviction for illegally possessing a firearm after a prior conviction of a crime. The defendant was sentenced to State prison for a term of not less than three and one-half nor more than seven years.

The People called only Detective Charles H. McCarthy as a witness to sustain the charge which was set forth in the indictment, The defendant waived cross-examination and offered no proof.

Detective McCarthy testified, in substance, that on October 30, 1933, he went to an apartment located on the third floor at 268 Cherry street, in the county of New York, where…