PEOPLE v. HYMAN


284 A.D. 347 (1954)

The People of the State of New York, Respondent, v. David Hyman and Harold Brinn, Appellants

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

July 1, 1954.


Attorney(s) appearing for the Case

Abraham J. Gellinoff of counsel (Gershman & Gellinoff, attorneys), for appellants.

Walter E. Dillon of counsel (George B. De Luca, District Attorney), for respondent.

PECK, P. J., BOTEIN and BERGAN, JJ., concur with COHN, J.; DORE, J., dissents and votes to affirm, in opinion.


COHN, J.

Defendants, after a trial have been convicted of the crime of abortion. Each was given a suspended sentence. From the judgments of conviction this appeal is taken.

Each defendant, a practicing physician of good repute for many years, took the witness stand and denied the commission of the crime. While competent evidence adduced upon the trial was sufficient to sustain the verdict of the jury adjudging...

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