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PEOPLE v. GRAY

1 N.Y.2d 728 (1956)

The People of the State of New York, Respondent, v. Silburn Gray, Appellant. The People of the State of New York, Respondent, v. Silburn Gray, Appellant.

Court of Appeals of the State of New York.

Decided April 19, 1956.

Attorney(s) appearing for the Case

Norman Bard and Max Schulman for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents in the following memorandum:

In each action: Judgment affirmed; no opinion.

VAN VOORHIS, J. (dissenting).

These convictions should be reversed and the informations dismissed unless overcharges of rent were willfully made by defendant. His two convictions are identical except that they relate to different tenants. The counts in both informations follow the same form, to wit:

"The defendant, on or about November 1...

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