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People v. McCann

242 A.D. 515, 275 N.Y.S. 887, 1934 N.Y. App. Div. LEXIS 6112
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 7, 1934
StatusPublished
Cited by4 cases

This text of 242 A.D. 515 (People v. McCann) 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. McCann, 242 A.D. 515, 275 N.Y.S. 887, 1934 N.Y. App. Div. LEXIS 6112 (N.Y. Ct. App. 1934).

Opinion

Martin, J,

The authorities on the subject here presented support the contention of the respondent that the indictment is defective. It appears to have been based upon sections of the Penal Law which do not apply. The fact that this indictment must be dismissed does not relieve the district attorney of his duty to prosecute if he finds that other sections of the Penal Law have been violated.

The order should be affirmed.

Finch, P. J., Merrell, O'Malley and Untermyer, JJ., concur.

Order affirmed.

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People v. Sullivan
244 A.D. 469 (Appellate Division of the Supreme Court of New York, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
242 A.D. 515, 275 N.Y.S. 887, 1934 N.Y. App. Div. LEXIS 6112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccann-nyappdiv-1934.