Legal Opinion · Dissent

People v. De Simone

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

Decided February 1, 1918Published

Appeal by the defendant, Attilio De Simone, from a judgment of the Court of General Sessions of the Peace in and for the County of New York, Part V, entered in the office of the clerk of said court on the 31st day of October, 1916, convicting the defendant of the crime of murder in the second degree.

1Dissent

Sbearn, J. (dissenting):

The appellant was convicted of murder in the second degree. The homicide occurred on July 25, 1916, at about seven-fifteen p. m. in front of a coffee house on the west side of Thompson street, No. 169, eighty feet north of the curb of West Houston street, which crosses Thompson street at right angles and runs generally east and west. Sullivan street runs parallel with Thompson street and is a short block to the west. Police Officer Harson, patroling the east side of Thompson street, about seventy-five feet south of West Houston street, heard several shots, ran north…

2Cases cited9 opinions

  1. People v. . SharpNew York Court of Appeals · 1887
  2. Hickory v. United StatesSupreme Court of the United States · 1896
  3. Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
  4. People v. . ThompsonNew York Court of Appeals · 1914
  5. People v. . HinksmanNew York Court of Appeals · 1908

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