PEOPLE v. LEARY


305 N.Y. 793 (1953)

The People of the State of New York, Appellant, v. James A. Leary, Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1953


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Paul W. Williams, Harris B. Steinberg, Peyton H. Moss and Arthur L. Harrow of counsel), for appellant.

James A. Leary, in person, Walter A. Fullerton, William L. Ford and Francis J. Keehan for James A. Leary, respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

Orders reversed, motion to dismiss the indictment denied and the indictment reinstated. The record contains legal evidence which, taken together, might, if unexplained or uncontradicted, result in a conviction by the trial jury. Accordingly, the finding of an indictment against defendant was warranted. (Code Crim. Pro., § 258.) The introduction of other evidence, improperly received, does not justify...

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