Appellate Division of the Supreme Court of the State of New York February 18, 1971 (People v. Weisser)

Del Vecchio, J.

On appellant’s appeal from a conviction of murder in the first degree and felonious possession of a loaded firearm one issue has been raised requiring a new trial on the murder charge.

On March 25, 1967 the body of Thomas Caffarelli was found in his shoe repair shop with a bullet wound in his head, his wallet missing and no money in the cash box.