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PEOPLE v. McERLEAN

38 Misc.2d 634 (1962)

The People of the State of New York, Plaintiff, v. James McErlean, Gerhard M. Callahan, Jr., and Salvatore Collucci, Defendants.

Criminal Court of the City of New York, Queens County.

October 31, 1962

Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Vincent Naro of counsel), for plaintiff. Robert Sparrow for James McErlean, defendant. Martin L. Baron for Gerhard M. Callahan, Jr., defendant. John J. Murray for Salvatore Collucci, defendant.

GRAY, J., concurs with CREEL, P. J.; POTTER, J., dissents in opinion.

JAMES R. CREEL, P. J.

Informations charging James McErlean and Gerhard M. Callahan, Jr., with violations of the Narcotics Law (Public Health Law, § 3305; Penal Law, §§ 1751-a, 1747-d) and Gerhard M. Callahan, Jr., and Salvatore Collucci with unlawful entry of a building (Penal Law, § 405), were by stipulation tried together. Also by stipulation, and to expedite the trial of these long-pending...

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