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PEOPLE v. CARBORANO

301 N.Y. 39 (1950)

The People of the State of New York, Respondent, v. Paul Carborano, Appellant.

Court of Appeals of the State of New York.

Decided May 25, 1950

Attorney(s) appearing for the Case

Joseph A. Solovei for appellant.

Miles F. McDonald, District Attorney (Frank Di Lalla of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and DESMOND, JJ., concur with FULD, J.; DYE and FROESSEL, JJ., dissent and vote for affirmance under section 542 of the Code of Criminal Procedure.

FULD, J.

Carborano was convicted of two crimes of grand larceny in the first degree. In affirming, the Appellate Division did so under section 542 of the Code of Criminal Procedure, thereby recognizing that errors had been committed. We agree that the record contained sufficient evidence to have warranted a verdict of guilt, but not that the errors failed to affect defendant's substantial rights.

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