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PEOPLE v. MACKEY

276 A.D. 916 (1950)

The People of the State of New York, Respondent, v. William Mackey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 16, 1950.

Reversed on the law, the motion granted and indictment dismissed. The court had no power to proceed with the prosecution after the marriage between the defendant and the complainant, and no authority to impose a suspended sentence. (Penal Law, § 2176.)

Nolan, P. J., dissents and votes to dismiss the appeal, with the following memorandum:

Appellant was indicted by the Grand Jury of Richmond County by an indictment returned January 25, 1929...

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