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PEOPLE v. FURY

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 747 (N.Y. App. Div. 1927)

Opinion

January, 1927.


Judgment of the County Court of Westchester county, affirming judgment of the City Court of New Rochelle, convicting defendant of the crime of violation of Penal Law, section 2036, reversed upon the law, information dismissed, and fine remitted. We are of opinion that the concession or license given to the complaining witness, Wenck, was not a lease of the beach, and was not sufficient to justify him in proceeding against the defendant for unlawful intrusion upon real property, under section 2036 of the Penal Law. Kelly, P.J., Jaycox, Manning, Young and Kapper, JJ., concur.


Summaries of

PEOPLE v. FURY

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1927
219 App. Div. 747 (N.Y. App. Div. 1927)
Case details for

PEOPLE v. FURY

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, on Complaint of FRED A. WENCK…

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

Date published: Jan 1, 1927

Citations

219 App. Div. 747 (N.Y. App. Div. 1927)

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Proof that the intrusion was without the authority of a tenant of an apartment is at variance with the charge…