People v. Berkowitz

Appellate Division of the Supreme Court of New York

People v. Berkowitz

7 A.D.2d 1031, 184 N.Y.S.2d 710, 1959 N.Y. App. Div. LEXIS 9397

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

DecidedMarch 30, 1959

StatusPublished

Cited by1 cases

This text of 7 A.D.2d 1031 (People v. Berkowitz) 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. Berkowitz, 7 A.D.2d 1031, 184 N.Y.S.2d 710, 1959 N.Y. App. Div. LEXIS 9397 (N.Y. Ct. App. 1959).

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Opinion

Appeal by the People from an order of the County Court, Kings County, which upon sustaining a demurrer, dismissed the indictment and directed that the matter be resubmitted to a Grand Jury. The indictment, in simplified form (Code Grim. Pro., §§ 295-a-295-1), alleged in the first count the crime of “ Obscene Prints and Articles, Contrary to Penal Law Section 1141” and in the second count the crime of “ Conspiracy, Contrary to Penal Law Section 580.” No bill of particulars (Code Grim. Pro., §§ 295-g-295-i) nor transcript of the Grand Jury proceedings was before the County Court. The opinion of the County Judge states that upon argument before him sufficient facts were presented to convince him that neither a bill of particulars nor the Grand Jury minutes would establish by a certainty the crimes intended. Order unanimously affirmed. Neither of the counts contains any statement of the crime with which the respondents are charged and, in addition, the second count fails to allege an overt act as required by section 583 of the Penal Law and section 398 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ. [14 Misc 2d 384.]

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Appeal by the People from an order of the County Court, Kings County, which upon sustaining a demurrer, dismissed the indictment and directed that the matter be resubmitted to a Grand Jury. The indictment, in simplified form (Code Grim. Pro., §§ 295-a-295-1), alleged in the first count the crime of “ Obscene Prints and Articles, Contrary to Penal Law Section 1141” and in the second count the crime of “ Conspiracy, Contrary to Penal Law Section 580.” No bill of particulars (Code Grim. Pro., §§ 295-g-295-i) nor transcript of the Grand Jury proceedings was before the County Court. The opinion of the County Judge states that upon argument before him sufficient facts were presented to convince him that neither a bill of particulars nor the Grand Jury minutes would establish by a certainty the crimes intended. Order unanimously affirmed. Neither of the counts contains any statement of the crime with which the respondents are charged and, in addition, the second count fails to allege an overt act as required by section 583 of the Penal Law and section 398 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ. [14 Misc 2d 384.]

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Bluebook (online)

7 A.D.2d 1031, 184 N.Y.S.2d 710, 1959 N.Y. App. Div. LEXIS 9397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berkowitz-nyappdiv-1959.

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