People v. Marchese
This text of 13 A.D.2d 988 (People v. Marchese) 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
Appeal by defendant from a judgment of the Magistrates’ Court, sitting as a Court of Special Sessions of the City of New York, Queens County, rendered March 21, 1960, convicting him, after a non jury trial, of book-making (Penal Law, § 986), and sentencing him, to serve a term of 30 days in the New York City Workhouse. Pursuant to a certificate of reasonable doubt, defendant is at liberty under bail. Judgment reversed on the law and the facts, information dismissed, defendant discharged and bail exonerated. In our opinion, the proof was insufficient to support the conviction (People v. Richardson, 287 N. Y. 563; People v. Soshtain, 288 N. Y. 658; People v. Marra, 289 N. Y. 703; People v. Carpenito, 292 N. Y. 498; People v. Fiscella, 283 App. Div. 668). Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.
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Cite This Page — Counsel Stack
13 A.D.2d 988, 216 N.Y.S.2d 509, 1961 N.Y. App. Div. LEXIS 10328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marchese-nyappdiv-1961.