People v. Benton

Appellate Division of the Supreme Court of New York

People v. Benton

285 A.D. 900, 138 N.Y.S.2d 33, 1955 N.Y. App. Div. LEXIS 6053

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 21, 1955

StatusPublished

This text of 285 A.D. 900 (People v. Benton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Benton, 285 A.D. 900, 138 N.Y.S.2d 33, 1955 N.Y. App. Div. LEXIS 6053 (N.Y. Ct. App. 1955).

Pincite

Opinion

Defendant appeals from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting him of a violation of section 2040 of the Penal Law for failure to supply heat in an apartment house, and sentencing him to pay a fine of $150 or to serve thirty days in the city prison. Defendant also appeals from the sentence and fine. Judgment reversed on the law and the facts, information dismissed, and fine remitted. The proof was insufficient upon which to find defendant guilty. No separate appeal lies from the sentence and fine, which have been reviewed on [901]*901the appeal from the judgment of conviction. Nolan, P. J., Schmidt, Murphy and Ughetta, JJ., concur; Beldock, J., dissents and votes to affirm on the ground that the proof was sufficient to establish defendant's guilt beyond a reasonable doubt.

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Defendant appeals from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting him of a violation of section 2040 of the Penal Law for failure to supply heat in an apartment house, and sentencing him to pay a fine of $150 or to serve thirty days in the city prison. Defendant also appeals from the sentence and fine. Judgment reversed on the law and the facts, information dismissed, and fine remitted. The proof was insufficient upon which to find defendant guilty. No separate appeal lies from the sentence and fine, which have been reviewed on [901]*901the appeal from the judgment of conviction. Nolan, P. J., Schmidt, Murphy and Ughetta, JJ., concur; Beldock, J., dissents and votes to affirm on the ground that the proof was sufficient to establish defendant's guilt beyond a reasonable doubt.

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Bluebook (online)

285 A.D. 900, 138 N.Y.S.2d 33, 1955 N.Y. App. Div. LEXIS 6053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benton-nyappdiv-1955.