¶1No opinion. Hopkins, Latham and Brennan, J J., concur; Rabin, Acting P. J., and Martuseello, J., dissent and vote to reverse the judgment and dismiss the indictment, with the following memorandum: The evidence was purely circumstantial and, in our opinion, inadequate to justify conviction (People v. Weiss, 290 N. Y. 160, 163).
35 A.D.2d 827
People v. Viserto
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1970
Appellate Division of the Supreme Court of the State of New York · decided 1970-11-16
Relies on People v. Weiss
Decided 1970-11-16