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PEOPLE v. DAVIN

1 A.D.2d 811 (1956)

The People of the State of New York, Respondent, v. Lawrence Davin, Appellant

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

February 24, 1956

Judgment affirmed.

FRANK, J. (dissenting).

The facts in this case are not in dispute. On October 28, 1955, the defendant, an honorably discharged war veteran regularly employed as a signal maintainer in the New York City Transit Authority, was working behind the counter of a delicatessen store operated by his brother, when one Robert Stewart walked in and requested four cans of beer. The defendant asked him his age, and when Stewart said he was...

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