PEOPLE v. GLAHN


308 N.Y. 662 (1954)

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

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Samuel L. Hays, Reginald C. Smith and Pierre G. Lundberg for appellant.

Harry C. Brenner, District Attorney (Henry Tasker or counsel), for respondent.

Concur: LEWIS, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ. VAN VOORHIS, J., dissents in opinion. Taking no part: CONWAY, J.


Judgment affirmed.

VAN VOORHIS, J. (dissenting).

It seems to me that there is a distinction between this case and Matter of Moore v. Thorn (245 App. Div. 180, affd. 270 N.Y. 502) in that here the defect did not consist in some informality, such as failure to file an information, which, when later filed, showed the facts to be those which the court had assumed to be true in making the original sentence, but the narrative of events has developed...

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