PEOPLE v. SQUILLANTE, 8 N.Y.2d 998 (1960)

205 N.Y.S.2d 332, 169 N.E.2d 425

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VINCENT J. SQUILLANTE, NUNZIO SQUILLANTE, and BERNARD ADELSTEIN, Respondents.

Court of Appeals of the State of New York.Argued June 6, 1960
Decided July 8, 1960

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL J. WIDLITZ, J.

Page 999

Manuel W. Levine, District Attorney (Henry P. Devine of counsel), for appellant.

Sol Gelb, Nicholas Castellano and Chester E. Kleinberg for Vincent J. Squillante and Nunzio Squillante, respondents.

Harry J. Halperin, Samuel L. Scholer, Shirley R. Levittan an Edward J. Neary for Bernard Adelstein, respondent.

Orders affirmed; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD and FOSTER. Judges FROESSEL, VAN VOORHIS and BURKE dissent and vote to reverse in the following memorandum: The question of law before us is whether from any view of the testimony there was a question of fact regarding defendants’ guilt which should have been submitted to the jury and not disposed of by dismissal in the appellate court (People v. Bellows, 281 N.Y. 67, 73). Viewing the evidence in the light most favorable to the People, as we are obliged to do upon this appeal, we think that the jury could properly conclude that defendants were guilty of extortion, as charged in the indictment.

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