People v. Kelly
This text of 218 A.D. 849 (People v. Kelly) 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 conviction of the County Court of Nassau county reversed upon the law, and a new trial ordered, upon the ground that there was a material variance between the indictment and the proof on the trial. (People v. Dumar, 106 N. Y. 502; People v. Corbalis, 178 id. 516.) Jaycox, Manning, Young and Lazansky, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the alleged variance is immaterial.
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218 A.D. 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-1926.