People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SMITH…

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

Date published: Mar 28, 1960

10 A.D.2d 736 (N.Y. App. Div. 1960)

Opinion

March 28, 1960

Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7 1/2 to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. (See People v. Elliott, 10 A.D.2d 735. )

Nolan, P.J., Ughetta, Kleinfeld and Brennan, JJ., concur; Christ, J., concurs in the reversal of the judgment but dissents from the ordering of a new trial and votes to dismiss the indictment, with the following memorandum:

In my opinion, the record fails to establish appellant's guilt beyond a reasonable doubt, in that there is an absence of proof showing that he had any intention to commit a larceny.