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PEOPLE v. FELD

305 N.Y. 322 (1953)

The People of the State of New York, Respondent, v. Aaron Feld, Appellant.

Court of Appeals of the State of New York.

Decided May 28, 1953

Attorney(s) appearing for the Case

John J. Mooney, Moses Polakoff and Robert J. Fitzsimmons for appellant.

Miles F. McDonald, District Attorney (Aaron E. Koota and Julius Helfand of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS and FROESSEL, JJ., concur with DYE, J.; FULD, J., dissents and votes to reverse and order a new trial in opinion in which CONWAY and DESMOND, JJ., concur.

DYE, J.

The defendant appeals by permission of an Associate Judge of this court (Code Crim. Pro., § 520, subd. 3) from the affirmance in the Appellate Division of a conviction of the crime of perjury in the first degree following a trial in the County Court of Kings County and a special jury. The indictment under which he was tried was returned under date of October 27, 1950, and amended February 19, 1951...

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