People v. Smith

Appellate Division of the Supreme Court of New York

People v. Smith

10 A.D.2d 736, 201 N.Y.S.2d 487, 1960 N.Y. App. Div. LEXIS 10938

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1960

StatusPublished

This text of 10 A.D.2d 736 (People v. Smith) 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. Smith, 10 A.D.2d 736, 201 N.Y.S.2d 487, 1960 N.Y. App. Div. LEXIS 10938 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7% to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. (See People v. Elliott, 10 A D 2d 735.) Nolan, P. J., Ughetta, Kleinfeld and Brennan, JJ., concur; Christ, J., concurs in the reversal of the judgment but dissents from the ordering of a new trial and votes to dismiss the indictment, with the following' memorandum: In my opinion, the record fails to establish appellant’s guilt beyond a reasonable doubt, in that there is an absence of proof showing that he had any intention to commit a larceny.

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Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7% to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. (See People v. Elliott, 10 A D 2d 735.) Nolan, P. J., Ughetta, Kleinfeld and Brennan, JJ., concur; Christ, J., concurs in the reversal of the judgment but dissents from the ordering of a new trial and votes to dismiss the indictment, with the following' memorandum: In my opinion, the record fails to establish appellant’s guilt beyond a reasonable doubt, in that there is an absence of proof showing that he had any intention to commit a larceny.

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Bluebook (online)

10 A.D.2d 736, 201 N.Y.S.2d 487, 1960 N.Y. App. Div. LEXIS 10938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-nyappdiv-1960.