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People v. Dunne

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1966
27 A.D.2d 547 (N.Y. App. Div. 1966)

Opinion

December 12, 1966


Two judgments of the Supreme Court, Queens County, one rendered as to defendant Dunne on January 14, 1966, and one as to defendant McGloin on December 15, 1965, reversed, on the law and the facts, and new trial granted. In our opinion the proof of damages in excess of $250 is a necessary element for a conviction of the crime of injury to property as a felony. The proof offered was speculative and did not establish the value of the destroyed property beyond a reasonable doubt. A new trial is therefore required. Brennan, Acting P.J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Dunne

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1966
27 A.D.2d 547 (N.Y. App. Div. 1966)
Case details for

People v. Dunne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN TERRENCE FRANCIS…

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

Date published: Dec 12, 1966

Citations

27 A.D.2d 547 (N.Y. App. Div. 1966)