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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE SCATA, JOSEPH BOLOGNIA, THEODORE DiDONNE, DOMINICK ZIZZO, SAM KIMMEL and EUGENE BRUNO, Appellants.

As to each defendant, judgment of conviction affirmed. The error in the judge's charge as to the effect of a promise by the Assistant District Attorney did not in our opinion affect the substantial right of the defendants. No opinion.

Concur: CRANE, Ch. J., O'BRIEN, HUBBS, CROUCH and FINCH, JJ. Dissenting as to defendants Kimmel, Bruno and Zizzo; LEHMAN and LOUGHRAN, JJ.

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PEOPLE v. SCATA, BOLOGNIA, DiDONNE, ZIZZO, KIMMEL
(Nov 17, 1936)