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PEOPLE v. FORMATO

286 A.D. 357 (1955)

The People of the State of New York, Respondent, v. John Formato, James Morello, Pasquale Lepore and Hugo Torre, Appellants

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

July 8, 1955.

Attorney(s) appearing for the Case

A. Jack Rappaport for James Morello and another, appellants.

Remo A. Allio for John Formato and another, appellants.

Robert E. Fischer, District Attorney (Louis M. Greenblott of counsel), for respondent.

FOSTER, P. J., BERGAN and ZELLER, JJ., concur.

HALPERN, J.

The defendants were indicted for the crime of common gambling in violation of section 970 of the Penal Law and for the crime of conspiracy under section 580 of the Penal Law, the conspiracy charged being one to keep a gambling establishment in violation of section 973 of the Penal Law.

The indictment, as amended, charged that the common gambling had occurred between September 1, 1952 and January...

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