People v. Bloom
This text of 263 A.D. 821 (People v. Bloom) 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.
Opinion
Judgment of the County Court of Kings County, convicting defendant of the crime of extortion, reversed on the law, the indictment dismissed and the defendant discharged. There was a material variance between the crime charged in the indictment and the one proved by the prosecution on the trial. The amendment of the indictment allowed upon the trial was not one contemplated by section [822]*822293 of the Code of Criminal Procedure, and constituted reversible error. (People v. Kelly, 218 App. Div. 849.) The trial court’s refusal to dismiss the indictment was likewise error. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
263 A.D. 821, 31 N.Y.S.2d 363, 1941 N.Y. App. Div. LEXIS 5140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bloom-nyappdiv-1941.