Appellate Division of the Supreme Court of New York, 1961

People v. Melville

People v. Melville
Appellate Division of the Supreme Court of New York · Decided February 28, 1961
12 A.D.2d 924; 212 N.Y.S.2d 1001; 1961 N.Y. App. Div. LEXIS 12401
People v. Melville

Opinion of the Court

Judgment convicting defendant of possession of policy slips unanimously reversed, on the law, and a new trial ordered on the authority of People v. Pierson (279 App. Div. 509); People v. Oak (283 App. Div. 1018), and People v. Crossland (12 A D 2d 467). Upon retrial it might be well for the trial court to have the benefit of the testimony of the police officer who accompanied the arresting officer at the time of the arrest. Concur — Rabin, J. P., Valente, McNally, Stevens and Steuer, JJ.

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