People v. Major

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SARTO C. MAJOR…

Court: Court of Appeals of the State of New York

Date published: Jul 10, 1963

192 N.E.2d 178 (N.Y. 1963)

192 N.E.2d 178

242 N.Y.S.2d 223

Opinion

Argued May 28, 1963

Decided July 10, 1963

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEO W. BREED, J.

John C. Kinney for Sarto C. Major, appellant.

Paul R. Shanahan and Henry E. Taylor for remaining appellants.

Joseph A. Ryan, District Attorney ( Helen B. Norem of counsel), for respondent.

In each action: Order affirmed. All we hold in affirming the appeals herein is that each indictment is sufficient on its face to withstand a demurrer. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss each indictment upon the ground that it fails to allege facts sufficient to constitute a crime.