People v. Earl

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT EARL, Appellant

Court: Court of Appeals of the State of New York

Date published: Nov 18, 1976

40 N.Y.2d 941 (N.Y. 1976)

390 N.Y.S.2d 412

358 N.E.2d 1037

Opinion

Argued October 15, 1976

Decided November 18, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANCIS X. SMITH, J.

Elliot Schnapp and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Annamarie Policriti of counsel), for respondent.

Order reversed and the indictment dismissed on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 50 A.D.2d 289, 294-299).

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judges JASEN and COOKE dissent and vote to affirm on the opinion by Mr. Justice M. HENRY MARTUSCELLO at the Appellate Division ( 50 A.D.2d 289, 290-294).