People v. Paterra
| Court | New York Court of Appeals |
| Writing for the Court | PER CURIAM. |
| Citation | 193 N.E. 263,265 N.Y. 445 |
| Decision Date | 03 July 1934 |
| Parties | PEOPLE of the State of New York, Respondent, v. Joseph PATERRA, Frank Sabatino, Arthur Velucci, Daniel Scarglato, and Carmine Paruolo, Appellants. |
265 N.Y. 445
193 N.E. 263
PEOPLE of the State of New York, Respondent,
v.
Joseph PATERRA, Frank Sabatino, Arthur Velucci, Daniel Scarglato, and Carmine Paruolo, Appellants.
Court of Appeals of New York.
July 3, 1934.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (241 App. Div. 721, 269 N. Y. S. 1016), entered March 23, 1934, which affirmed a judgment of the Court of Special Sessions of the county of New York convicting the defendants of the crime of unlawful and willful injury to property in violation of section 1433 of the Penal Law (Consol. Laws, c. 40). The information alleged that on October 30, 1933, the defendants unlawfully and willfully injured a window and an electric globe of one Giuseppina Scaraville, thereby causing a diminution in the value of such property of less than $250.
[193 N.E. 264]
[265 N.Y. 445]Robert S. Johnstone, of New York City, for appellants.
William Copeland Dodge, Dist. Atty., of New York City (Philip A. Donahue, of New York City, of counsel), for the People.
PER CURIAM.
Judgment as to each defendant affirmed.
POUND, C. J., and CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH, and LOUGHRAN, JJ., concur.To continue reading
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People v. Hamilton
...was done with intent to commit a crime. The acts of defendant might fall within the provisions of section 1433 (cf. People v. Paterra, 265 N.Y. 445, 493 N.E. 263) but a conviction for unlawful entry may not be sustained in the absence of proof from which an inference might be drawn that def......
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People v. Hamilton
...was done with intent to commit a crime. The acts of defendant might fall within the provisions of section 1433 (cf. People v. Paterra, 265 N.Y. 445, 493 N.E. 263) but a conviction for unlawful entry may not be sustained in the absence of proof from which an inference might be drawn that def......