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People v. McCann

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1934
242 App. Div. 515 (N.Y. App. Div. 1934)

Opinion

December 7, 1934.

Appeal from Court of General Sessions of the County of New York.

John C. McDermott of counsel [ William Copeland Dodge, District Attorney], for the appellant.

James D.C. Murray of counsel [ J. Richard Davis and Max Fruchtman with him on the brief; James D.C. Murray, attorney], for the respondent.


The authorities on the subject here presented support the contention of the respondent that the indictment is defective. It appears to have been based upon sections of the Penal Law which do not apply. The fact that this indictment must be dismissed does not relieve the district attorney of his duty to prosecute if he finds that other sections of the Penal Law have been violated.

The order should be affirmed.

FINCH, P.J., MERRELL, O'MALLEY and UNTERMYER, JJ., concur.

Order affirmed.


Summaries of

People v. McCann

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1934
242 App. Div. 515 (N.Y. App. Div. 1934)
Case details for

People v. McCann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH A. McCANN…

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

Date published: Dec 7, 1934

Citations

242 App. Div. 515 (N.Y. App. Div. 1934)
275 N.Y.S. 887

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