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PEOPLE v. WIRTSCHAFTER

305 N.Y. 515 (1953)

The People of the State of New York, Respondent, v. Daniel Wirtschafter, Principal. National Surety Corporation, Surety, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Edwin M. Otterbourg, Aaron Rosen, Frederic P. Houston and James C. Slaughter for appellant.

T. Vincent Quinn, District Attorney (Benjamin J. Jacobson and George H. Zator of counsel), for respondent.

LEWIS, Ch. J., DYE and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which FULD, J., concurs; VAN VOORHIS, J., taking no part.

CONWAY, J.

In October, 1943, Daniel Wirtschafter was indicted by a grand jury in the County Court of the County of Queens. The indictment charged him, as a second offender, with the crime of grand larceny in the first and second degrees and burglary in the third degree. He had previously and on May 13, 1937, pleaded guilty to an indictment in New York County charging him with the crime of burglary in the...

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