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People v. Lindloff

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1940
259 App. Div. 749 (N.Y. App. Div. 1940)

Opinion

March 26, 1940.

Appeal from Court of Special Sessions of the City of New York, Borough of Brooklyn.


Judgment reversed on the law, the information dismissed and defendant discharged. The facts alleged in the information, to establish which evidence was adduced by the prosecution, do not constitute a violation of section 483. If established by sufficient evidence, the facts so alleged would constitute a violation of section 483-b, but defendant was not tried, convicted or sentenced for a violation of the latter section. If the evidence adduced at the trial could be taken as supporting a charge of violating section 483-b, as matter of law it would not establish defendant's guilt beyond a reasonable doubt. Lazansky, P.J., Hagarty, Johnston, Adel and Taylor, JJ., concur.


Summaries of

People v. Lindloff

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1940
259 App. Div. 749 (N.Y. App. Div. 1940)
Case details for

People v. Lindloff

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH LINDLOFF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 26, 1940

Citations

259 App. Div. 749 (N.Y. App. Div. 1940)

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