People v. Derner

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK DERNER, Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 30, 1942

42 N.E.2d 605 (N.Y. 1942)

42 N.E.2d 605

Opinion

Argued March 12, 1942

Decided April 30, 1942

Appeal from the Supreme Court, Appellate Division, Fourth Department, KNOWLES, J.

Heffren J. Cohen and Joseph Ambrusko for appellant.

John S. Marsh, District Attorney ( Anthony L. Pusateri of counsel), for respondent.

Judgments reversed and a new trial ordered on the ground that the evidence is insufficient to sustain the finding of guilt beyond a reasonable doubt. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY and CONWAY, JJ. Dissenting: FINCH, LEWIS and DESMOND, JJ.