People v. Dunne

Appellate Division of the Supreme Court of New York

People v. Dunne

27 A.D.2d 547, 276 N.Y.S.2d 852, 1966 N.Y. App. Div. LEXIS 2884

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

DecidedDecember 12, 1966

StatusPublished

This text of 27 A.D.2d 547 (People v. Dunne) 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. Dunne, 27 A.D.2d 547, 276 N.Y.S.2d 852, 1966 N.Y. App. Div. LEXIS 2884 (N.Y. Ct. App. 1966).

Pincite

Opinion

Two judgments of the Supreme Court, Queens County, one rendered as to defendant Dunne on January 14, 1966, and one as to defendant McGloin on December 15, 1965, reversed, on the law and the facts, and new trial granted. In our opinion the proof of damages in excess of $250 is a necessary element for a conviction of the crime of injury to property as a felony. The proof offered was speculative and did not establish the value of the destroyed property beyond a reasonable doubt. A new trial is therefore required. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Two judgments of the Supreme Court, Queens County, one rendered as to defendant Dunne on January 14, 1966, and one as to defendant McGloin on December 15, 1965, reversed, on the law and the facts, and new trial granted. In our opinion the proof of damages in excess of $250 is a necessary element for a conviction of the crime of injury to property as a felony. The proof offered was speculative and did not establish the value of the destroyed property beyond a reasonable doubt. A new trial is therefore required. Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

27 A.D.2d 547, 276 N.Y.S.2d 852, 1966 N.Y. App. Div. LEXIS 2884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunne-nyappdiv-1966.