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PEOPLE v. KOHUT

30 N.Y.2d 183 (1972)

The People of the State of New York, Respondent, v. Philip B. Kohut, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1972.

Attorney(s) appearing for the Case

Maurice Edelbaum and Lawrence K. Feitell for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Opinion by Judge BREITEL. Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Judge JASEN in a concurring opinion in which Judges SCILEPPI, BERGAN, BREITEL and GIBSON also concur. Judge BURKE dissents and votes to reverse in a separate opinion in which Chief Judge FULD concurs.

BREITEL, J.

Defendant attacks an indictment charging him with the felony of taking unlawful fees as a public officer (former Penal Law, § 1826). The issues turn on the failure of the indictment to allege facts tolling the Statute of Limitations, the applicable tolling statute, and the sufficiency before the Grand Jury of nonaccomplice corroboration (former Code Crim. Pro., § 399).

Philip Kohut...

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