PEOPLE v. GROGAN


281 A.D. 706 (1952)

The People of the State of New York, Respondent, v. Robert Harris Grogan, Appellant

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

December 22, 1952.


Judgment reversed on the law and the facts, information dismissed and fine remitted.

The record discloses that the complaint was amended on the court's own motion after arraignment and trial so as to charge defendant with a different crime than the one on which he was tried. Reversal is required by reason of the failure of the City Magistrate to comply with the provisions of section 335-a of the Code of Criminal Procedure. The District Attorney concedes that there...

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