PEOPLE v. CERVONE, 300 N.Y. 636 (1950)

90 N.E.2d 493

Court of Appeals of the State of New York.Argued January 3, 1950
Decided January 12, 1950

Appeal from the Supreme Court, Appellate Division, Third Department, LIDDLE, J.

Harold A. Gordon, Alexander Grasso and Charles J. Drago for appellant.

William M. Nicoll, District Attorney (D. Vincent Cerrito of counsel), for respondent.

Judgment affirmed; no opinion.

Page 637

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE and FULD, JJ. CONWAY and FROESSEL, JJ., dissent and vote to reverse and order a new trial upon the ground that the admission in evidence, over defendant’s objection, of the hedge clippers, as the alleged assault weapon, constituted error, which upon this record we cannot regard as immaterial.