PEOPLE v. DUTTON


305 N.Y. 632 (1953)

The People of the State of New York, Respondent, v. Darrell E. Dutton, Appellant.

Court of Appeals of the State of New York.

Decided April 9, 1953


Attorney(s) appearing for the Case

Charles J. McDonough for appellant.

Gordon Steele, District Attorney (George H. Metz of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ., concur; LEWIS and DYE, JJ., dissent and vote to affirm.


Per Curiam.

We find in the record evidence sufficient in law to support the judgment insofar as it convicts the defendant, under the first count of the indictment, of violation of section 1250 of the Penal Law. Insofar as the judgment convicts the defendant under the third count of the indictment, of violating section 483-a of the Penal Law, it should be reversed and the third count dismissed upon the ground that there...

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