Appellate Division of the Supreme Court of New York, 1943

People v. Commoroato

People v. Commoroato
Appellate Division of the Supreme Court of New York · Decided November 26, 1943 · Untermyer
266 A.D. 997; 44 N.Y.S.2d 735
People v. Commoroato

Opinion of the Court

Present— Townley, Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents as to the defendant David Lage in opinion.

Dissenting Opinion

Untermyer, J.

(dissenting as to the defendant Lage). The admission, over objection and exception, against the defendant Lage of a paper found on the person of the defendant Russo containing a list of drugs which were stored in *998the warehouse vault in my opinion was error of so serious a character as to require reversal of the judgment against the defendant Lage and a new trial as to him. The judgment against the defendant Russo should be affirmed.

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