People v. Cannistraci

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL CANNISTRACI…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 12, 1976

54 A.D.2d 631 (N.Y. App. Div. 1976)

Opinion

October 12, 1976

Judgment, Supreme Court, New York County, rendered on May 1, 1975, unanimously affirmed.

Concur — Stevens, P.J., Markewich, Birns and Silverman, JJ.; Capozzoli, J., concurs in the following memorandum:

While I have grave doubts as to the admissibility of the testimony of the witness, Thaler, which was offered by the prosecution to establish an admission by silence on the part of this defendant, nevertheless the totality of the evidence as to the defendant's guilt, disclosed in the record, is such that the conviction should not be disturbed (People v Crimmins, 36 N.Y.2d 230).