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PEOPLE v. FIDLER

280 A.D. 698 (1952)

The People of the State of New York, Respondent, v. Kenneth E. Fidler, Nathan A. Broome, George Wilmot, Fred Larkin, Douglas L. Fidler and Harry Brinkerhoff, Appellants

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

November 17, 1952.

Attorney(s) appearing for the Case

Robert E. Fischer, District Attorney (Mahlon H. Card and Frank J. Ondrusek of counsel), for respondent.

F. Sydney Hand for appellants.

FOSTER, P. J., BREWSTER and COON, JJ., concur; HEFFERNAN, J., taking no part.

BERGAN, J.

Defendants have been convicted by a jury upon indictments charging them with violation of section 1851 of the Penal Law, a statute described in its section heading as "Resisting public officer in the discharge of his duty". We are required to decide whether the proof is sufficient to give firm foundation as a matter of law to the verdict, and for this we take...

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