PEOPLE v. HOOTER


282 A.D. 398 (1953)

The People of the State of New York, Respondent, v. Lawrence R. Hooter, Appellant

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

July 8, 1953.


Attorney(s) appearing for the Case

A. Thorne Hills for appellant.

Jack E. Gellman, District Attorney (William H. Earl of counsel), for respondent.

Present — McCURN, J. P., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


KIMBALL, J.

The appellant was convicted of burglary in the second degree and assault in the third degree. We conclude, upon the record presented, that the verdict cannot be sustained and that there should be a new trial. However, we will not at this time point out the reasons for this conclusion because of the fact that appellant has raised a fundamental question as to the power and authority of the court to amend...

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