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PEOPLE v. HETENYI

304 N.Y. 80 (1952)

The People of the State of New York, Respondent, v. George Hetenyi, Appellant.

Court of Appeals of the State of New York.

Decided April 23, 1952

Attorney(s) appearing for the Case

George J. Skivington and George J. Skivington, Jr., for appellant.

Clarence J. Henry, District Attorney (Harry L. Rosenthal and John C. Little, Jr., of counsel), for respondent.

LEWIS, CONWAY and FROESSEL, JJ., concur with LOUGHRAN, Ch. J.; DYE, J., dissents in opinion in which DESMOND, J., concurs; FULD, J., dissents and votes to affirm under the provisions of section 542 of the Code of Criminal Procedure.

LOUGHRAN, Ch. J.

On May 19, 1949, a Grand Jury presented in the Supreme Court of this State an indictment in this text:

"THE GRAND JURY OF THE COUNTY OF MONROE, by this indictment, accuse the defendant, George Hetenyi, of the crime of Murder in the First Degree, in violation of Section 1044, subdivision 1, of the Penal Law of the State of New York, committed as follows: "The defendant, on or...

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