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PEOPLE EX REL. POULOS v. MCDONNELL

302 N.Y. 89 (1951)

The People of the State of New York ex rel. John Poulos et al., Respondents, v. Thomas McDonnell, as Warden of The City Prison, Respondent. The People of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 11, 1951

Attorney(s) appearing for the Case

Miles F. McDonald, District Attorney (David Diamond of counsel), for appellant.

Milton I. Weintraub for respondents.

LOUGHRAN, Ch. J., CONWAY and DESMOND, JJ., concur with FROESSEL, J.; DYE, J., dissents and votes for reversal in an opinion in which LEWIS and FULD, JJ., concur.

FROESSEL, J.

Relators were indicted by a grand jury of Kings County on three counts:

1. Attempted rape in the first degree;

2. Assault in the second degree with intent to commit rape, and

3. Assault in the second degree with intent to inflict grievous bodily harm.

At the trial, the court dismissed the first count at the end of the People's...

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