PEOPLE v. BLUMENTHAL


283 A.D. 784 (1954)

The People of the State of New York, Respondent, v. Charles Blumenthal, Appellant

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

March 23, 1954.


Per Curiam.

No substantial evidence supports the conviction of defendant on the third count of the information which charges the carrying of a dangerous weapon "with intent to use the same unlawfully against another".

There is adequate proof in support of the other two counts each based on the same act of having had the weapon on his person. The weapon referred to was an unloaded gun.

Defendant had no prior arrest or conviction; had a creditable...

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