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MATTER OF SPITALE

276 A.D. 632 (1950)

In the Matter of Arthur J. Cilento, on Behalf of Salvatore Spitale, Respondent. The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and Raymond B. Madden of counsel), for appellant.

John T. Sullivan and Arthur J. Cilento for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.

COON, J.

Salvatore Spitale was convicted in Court of General Sessions of the County of New York of the crime of grand larceny, first degree, and was sentenced therefor on December 21, 1939, to State prison for a term of not less than five nor more than ten years. He was released on parole on September 5, 1946. He was again taken into custody on October 13, 1948, for violation of the terms of his parole. The Board...

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