People v. De Simone
| Decision Date | 16 April 1969 |
| Citation | 59 Misc.2d 562,299 N.Y.S.2d 488 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Thomas J. DE SIMONE and James Burke, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Louis J. Lefkowitz, Atty. Gen. (Elliott S. Greenspan, Port Washington, and Moses Weintraub, New York City, of counsel), for respondent.
Bracken & Sutter, Mineola (John Joseph Sutter and Marvin Zevin, Mineola, of counsel), for appellants.
Before HOGAN, P.J., and COYLE and GLICKMAN, JJ.
Judgments of conviction and order affirmed. No opinion. All concur.
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... ... and the hearsay affidavit of defendant's attorney. The latter had no evidentiary value. (People v. De Simone, 56 Misc.2d 289, 288 N.Y.S.2d 324, affd. People v. De Simone, 59 Misc.2d 562, 299 N.Y.S.2d 488). The uncontradicted testimony of the police officer presented no issue of fact requiring a hearing.' ... After the motion had been denied the Sheriff testified in a Huntley hearing that ... ...
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