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People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1961
12 A.D.2d 915 (N.Y. App. Div. 1961)

Opinion

February 21, 1961


Judgment convicting defendant of the crimes of knowingly possessing policy writings, knowingly possessing articles commonly used in the game of policy and receiving money in the game of policy, and sentencing defendant to serve a term of six months in the Workhouse, affirmed insofar as it convicts defendant under the first and second counts of the information and reversed on the law and the facts insofar as it convicts defendant under the third count of the information and sentences defendant to serve six months in the Workhouse. The third count of the information, charging the defendant with the crime of receiving money in the game of policy is dismissed, and the matter is remanded to the Court of Special Sessions for resentence on the conviction of defendant on the first and second counts of the information. The evidence is insufficient to sustain a conviction on the third count in the information. Since the sentence was predicated on a conviction on all three counts, the matter must be remitted for resentence on the basis of the elimination of the conviction on the third count. (See People v. Brod, 12 A.D.2d 903.)


I dissent and vote to reverse and dismiss the information on the ground that the proof does not establish guilt beyond a reasonable doubt, and on the further ground that the expert testimony does not satisfy the rule in People v. Pierson ( 279 App. Div. 509) and People v. Oak ( 283 App. Div. 1018).


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1961
12 A.D.2d 915 (N.Y. App. Div. 1961)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL COLON, Appellant

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

Date published: Feb 21, 1961

Citations

12 A.D.2d 915 (N.Y. App. Div. 1961)