From Casetext: Smarter Legal Research

People v. Hall

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 1940
260 App. Div. 901 (N.Y. App. Div. 1940)

Opinion

October 2, 1940.

Present — Crosby, P.J., Cunningham, Taylor, Dowling and McCurn, JJ.


Judgment of conviction reversed on the law and indictment dismissed. Memorandum: Evidence tending to establish the commission by defendant of other crimes was received over defendant's objection. This was error which would require reversal of the judgment of conviction. (See People v. Allen, 282 N.Y. 511.) We are of the further opinion that the proofs adduced by the People did not warrant the submission to the jury of the question of defendant's guilt of the crime charged in the indictment. While the evidence would have justified a verdict of guilty of violating section 483-b of the Penal Law, no such charge was set forth in the indictment. All concur. (The judgment convicts defendant of a crime in violation of section 690 of the Penal Law.)


Summaries of

People v. Hall

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 1940
260 App. Div. 901 (N.Y. App. Div. 1940)
Case details for

People v. Hall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STUART HALL, Appellant

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

Date published: Oct 2, 1940

Citations

260 App. Div. 901 (N.Y. App. Div. 1940)

Citing Cases

People v. Yonko

Since there is only one count in the indictment based on what defendant allegedly did to Sally, and since it…