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People v. Millet

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1949
275 App. Div. 1060 (N.Y. App. Div. 1949)

Opinion

October 24, 1949.


Judgment of the County Court, Nassau County, convicting appellant of robbery in the first degree, burglary in the second degree, and assault in the second degree (two counts), and imposing sentence thereon, reversed on the law and the facts, the indictment dismissed, and bail exonerated. Appeal from the order denying the motion for a new trial dismissed. If it be assumed that the evidence of identification was sufficient to permit a finding that the appellant was present near the scene of the crimes, such finding is insufficient to allow a conclusion of aiding, abetting or participating in the crimes. The other evidence to support such a conclusion is insufficient. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.


Summaries of

People v. Millet

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1949
275 App. Div. 1060 (N.Y. App. Div. 1949)
Case details for

People v. Millet

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELSIE MILLET, Appellant

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

Date published: Oct 24, 1949

Citations

275 App. Div. 1060 (N.Y. App. Div. 1949)

Citing Cases

State v. Hill

Presence and lack of truthfulness is not enough. People v. Millet, 275 App. Div. 1060, 92 N.Y.S.2d 153…