PEOPLE v. CHECKMAN


284 A.D. 44 (1954)

The People of the State of New York, Respondent, v. Irving Checkman, Appellant

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

April 28, 1954.


Attorney(s) appearing for the Case

William B. Mahoney for appellant.

John F. Dwyer, District Attorney (Frederick M. Marshall of counsel), for respondent.

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


Per Curiam.

The indictment charged the defendant, under section 1308 of the Penal Law, with criminally receiving stolen property, "knowing that the same had been stolen or wrongfully acquired". There were no allegations in the indictment which charged defendant with violation of any of the provisions of the section except those contained in paragraph a of subdivision 1 which sets forth the common-law crime. In order...

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