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People v. Derby

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1949
275 App. Div. 655 (N.Y. App. Div. 1949)

Opinion

February 14, 1949.

Appeal from Court of Special Sessions of the City of New York, New York County.


Upon the authority of People v. Calloway ( 297 N.Y. 931), People v. Cooperman ( 279 N.Y. 599) and People v. Orr ( 270 N.Y. 193), we are required to hold that the evidence in this case is insufficient to warrant a conviction of the defendant of the crime of unlawful entry.

The judgment of conviction, accordingly, should be reversed and the information dismissed.

Dore, J.P., Cohn, Callahan and Van Voorhis, JJ., concur; Shientag, J., concurs in the result.

Judgment unanimously reversed and the information dismissed.


Summaries of

People v. Derby

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1949
275 App. Div. 655 (N.Y. App. Div. 1949)
Case details for

People v. Derby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CASH DERBY, Appellant

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

Date published: Feb 14, 1949

Citations

275 App. Div. 655 (N.Y. App. Div. 1949)

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People v. Cook

To convict defendant of the crime of unlawful entry required proof that he entered the building unlawfully…