People v. Pearlstone

Appellate Terms of the Supreme Court of New York

People v. Pearlstone

38 Misc. 2d 33, 237 N.Y.S.2d 155, 1962 N.Y. Misc. LEXIS 2287

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1962

StatusPublished

Cited by1 cases

This text of 38 Misc. 2d 33 (People v. Pearlstone) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Pearlstone, 38 Misc. 2d 33, 237 N.Y.S.2d 155, 1962 N.Y. Misc. LEXIS 2287 (N.Y. Ct. App. 1962).

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Opinions

Per Curiam.

Evidence of observation of defendant’s activities by a police officer prior to arrest, all of which activities are consistent with a finding of innocence, the overhearing of the state[34]*34ment, “ Pearly, give me the knicks five times,” made by an unknown male in defendant’s presence while the said male is passing money to the defendant, and finding the defendant possessed of some $500 upon a search of his person, are not sufficient, even in toto, to establish the guilt of defendant beyond a reasonable doubt.

The judgment of conviction should be reversed on the law and on the facts, and the complaint dismissed. Fine remitted.

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Per Curiam.

Evidence of observation of defendant’s activities by a police officer prior to arrest, all of which activities are consistent with a finding of innocence, the overhearing of the state[34]*34ment, “ Pearly, give me the knicks five times,” made by an unknown male in defendant’s presence while the said male is passing money to the defendant, and finding the defendant possessed of some $500 upon a search of his person, are not sufficient, even in toto, to establish the guilt of defendant beyond a reasonable doubt.

The judgment of conviction should be reversed on the law and on the facts, and the complaint dismissed. Fine remitted.

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Bluebook (online)

38 Misc. 2d 33, 237 N.Y.S.2d 155, 1962 N.Y. Misc. LEXIS 2287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pearlstone-nyappterm-1962.

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