PEOPLE v. HOROWITZ


309 N.Y. 426 (1956)

The People of the State of New York, Appellant, v. Henry Horowitz and Transbrook Theatres, Inc., Respondents.

Court of Appeals of the State of New York.

Decided January 12, 1956


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (David Diamond of counsel), for appellant.

Harold Dublirer for respondents.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL and BURKE, JJ., concur; DYE, J., taking no part.


VAN VOORHIS, J.

Defendants were indicted for grand larceny, first degree, for misappropriating funds deposited by a concessionaire "as advance rental and security for the full and faithful performance" of a five-year agreement whereby the concessionaire contracted to install and maintain stands and vending machinery in two moving picture theatres for the sale of cigarettes, nonalcoholic beverages, ice cream and...

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