People v. Levine

Appellate Division of the Supreme Court of New York

People v. Levine

281 A.D. 651, 117 N.Y.S.2d 652, 1952 N.Y. App. Div. LEXIS 3099

Procedural entryThis page is a short order in People v. Levine. Read the opinion of the Court — 285 A.D. 873 →

Appellate Division of the Supreme Court of the State of New York·Decided December 2, 1952·Published

Opinion

Judgment affirmed. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Breitel, JJ.; Callahan, J., dissents and votes to reverse in the following memorandum: The information charges the defendant with book-making on a specific date. The evidence was insufficient to establish [652]*652commission of that crime. That the evidence might show violation of section 986 of the Penal Law in another respect — that of maintaining a place for book-making with paraphernalia — would not justify conviction of the different crime charged herein.

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Judgment affirmed. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Breitel, JJ.; Callahan, J., dissents and votes to reverse in the following memorandum: The information charges the defendant with book-making on a specific date. The evidence was insufficient to establish [652]*652commission of that crime. That the evidence might show violation of section 986 of the Penal Law in another respect — that of maintaining a place for book-making with paraphernalia — would not justify conviction of the different crime charged herein.

People v. Levine, 281 A.D. 651, 117 N.Y.S.2d 652, 1952 N.Y. App. Div. LEXIS 3099 (N.Y. Ct. App. 1952).

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