People v. Peterson

• Decision Date: 19 January 1967
• Citation: 280 N.Y.S.2d 352,27 A.D.2d 695
• Parties: PEOPLE of the State of New York, Respondent, v. Alvin H. PETERSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 352

280 N.Y.S.2d 352

27 A.D.2d 695

PEOPLE of the State of New York, Respondent, v. Alvin H. PETERSON, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

Jan. 19, 1967.

Anthony Palermo, Rochester, for appellant.

John C. Little, Jr., Rochester, for respondent (Nicholas P. Varlan, Rochester, of counsel).

MEMORANDUM.

Judgment unanimously reversed on the law and the facts as to the first and second counts of the indictment, and as to said counts indictment dismissed, and in all other respects judgment affirmed. The proof did not establish the essential elements of the crimes of conspiracy, contrary toSec. 580--a of the Penal Law, and murder first degree, contrary to Sects. 2 and 1044 of the Penal Law as to defendant. (Appeal from Judgment of Monroe County Court, Conway, J., and a jury, convicting defendant of Murder 1st, Accessory, and Conspiracy.)