People v. Jacobs

Appellate Division of the Supreme Court of New York

People v. Jacobs

285 A.D. 938, 139 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6189

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

DecidedMarch 22, 1955

StatusPublished

This text of 285 A.D. 938 (People v. Jacobs) 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. Jacobs, 285 A.D. 938, 139 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6189 (N.Y. Ct. App. 1955).

Pincite

Opinion

There does not appear to have been any proof to support the second count of the information, and it should have been dismissed. As to the first count, there was evidence that the employer had previous information of the intention to pay the sums involved, which should have limited the conviction on that count to an attempt to commit the crime. However, the evidence was sufficient to sustain the conviction on all other counts. Sentence was suspended. We affirm the judgment as so modified with respect to the first two counts. Settle order on notice. Present — Peck, P. J., Callahan, Breitel and Bastow, JJ.

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There does not appear to have been any proof to support the second count of the information, and it should have been dismissed. As to the first count, there was evidence that the employer had previous information of the intention to pay the sums involved, which should have limited the conviction on that count to an attempt to commit the crime. However, the evidence was sufficient to sustain the conviction on all other counts. Sentence was suspended. We affirm the judgment as so modified with respect to the first two counts. Settle order on notice. Present — Peck, P. J., Callahan, Breitel and Bastow, JJ.

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Bluebook (online)

285 A.D. 938, 139 N.Y.S.2d 28, 1955 N.Y. App. Div. LEXIS 6189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jacobs-nyappdiv-1955.