People v. Weissler

Appellate Division of the Supreme Court of New York

People v. Weissler

24 A.D.2d 466, 260 N.Y.S.2d 300, 1965 N.Y. App. Div. LEXIS 3994

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

DecidedJune 7, 1965

StatusPublished

This text of 24 A.D.2d 466 (People v. Weissler) 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. Weissler, 24 A.D.2d 466, 260 N.Y.S.2d 300, 1965 N.Y. App. Div. LEXIS 3994 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from a judgment of the former Court of Special Sessions of the City of New York, Queens County, rendered November 10, 1961 after a non jury trial, convicting him of a violation of section 555 of the Penal Law, and imposing sentence. Judgment reversed on the law and the facts, information dismissed, and defendant discharged. In our opinion the defendant’s guilt of the crime charged was not established beyond a reasonable doubt. Christ, Acting P. J., Rabin and Benjamin, JJ., concur; Hopkins and Hill, JJ., dissent and vote to affirm the judgment with the following memorandum: The identification of the defendant’s voice on the telephone was admissible (People v. Dunbar Contr. Co., 215 N. Y. 416; People v. Strollo, 191 N. Y. 42; People v. McDonald, 177 App. Div. 806). The weight of such evidence and the credibility of the witnesses were matters for the determination of the trial court with whose conclusion we should not interfere (People v. Gaimari, 176 N. Y. 84; People v. Atlas, 183 App. Div. 595). The statute (Penal Law, § 555) is not void and unconstitutional on account of vagueness and indefinitiveness (cf. People v. Harvey, 307 N. Y. 588; Duncan v. United States, 48 F. 2d 128, cert. den. 283 U. S. 863; Ann., 48 A. L. R. 83).

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the former Court of Special Sessions of the City of New York, Queens County, rendered November 10, 1961 after a non jury trial, convicting him of a violation of section 555 of the Penal Law, and imposing sentence. Judgment reversed on the law and the facts, information dismissed, and defendant discharged. In our opinion the defendant’s guilt of the crime charged was not established beyond a reasonable doubt. Christ, Acting P. J., Rabin and Benjamin, JJ., concur; Hopkins and Hill, JJ., dissent and vote to affirm the judgment with the following memorandum: The identification of the defendant’s voice on the telephone was admissible (People v. Dunbar Contr. Co., 215 N. Y. 416; People v. Strollo, 191 N. Y. 42; People v. McDonald, 177 App. Div. 806). The weight of such evidence and the credibility of the witnesses were matters for the determination of the trial court with whose conclusion we should not interfere (People v. Gaimari, 176 N. Y. 84; People v. Atlas, 183 App. Div. 595). The statute (Penal Law, § 555) is not void and unconstitutional on account of vagueness and indefinitiveness (cf. People v. Harvey, 307 N. Y. 588; Duncan v. United States, 48 F. 2d 128, cert. den. 283 U. S. 863; Ann., 48 A. L. R. 83).

Cite This Page — Counsel Stack

Bluebook (online)

24 A.D.2d 466, 260 N.Y.S.2d 300, 1965 N.Y. App. Div. LEXIS 3994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weissler-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack