People v. Sommers

Appellate Division of the Supreme Court of New York

People v. Sommers

267 A.D. 883, 46 N.Y.S.2d 469, 1944 N.Y. App. Div. LEXIS 5300

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1944·Published·Cited by 1 cases

Opinion

Defendant appeals from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting him of the crime of book-making (Penal Law, § 986). Judgment of conviction reversed on the law, the information dismissed, and bail exonerated, on the ground that the evidence was not sufficient to warrant the finding of guilt beyond a reasonable doubt. (People v. Soshtain, 288 N. Y. 658; People v. Marra, 289 N. Y. 703; People v. Richardson, 287 N. Y. 563.) Close, P. J., Hagarty, Johnston and Adel, JJ., concur; Carswell, J., dissents and votes to affirm.

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Defendant appeals from a judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], convicting him of the crime of book-making (Penal Law, § 986). Judgment of conviction reversed on the law, the information dismissed, and bail exonerated, on the ground that the evidence was not sufficient to warrant the finding of guilt beyond a reasonable doubt. (People v. Soshtain, 288 N. Y. 658; People v. Marra, 289 N. Y. 703; People v. Richardson, 287 N. Y. 563.) Close, P. J., Hagarty, Johnston and Adel, JJ., concur; Carswell, J., dissents and votes to affirm.

People v. Sommers, 267 A.D. 883, 46 N.Y.S.2d 469, 1944 N.Y. App. Div. LEXIS 5300 (N.Y. Ct. App. 1944).

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Opinion

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