PEOPLE v. MALMUD


4 A.D.2d 86 (1957)

The People of the State of New York, Appellant, v. Theodore Malmud, Respondent

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

June 3, 1957.


Attorney(s) appearing for the Case

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

Theodore Malmud, respondent in person.

William S. Lebwohl, Meyer Scheps, Lewis L. Delafield, Barent L. Visscher for Triborough Bridge and Tunnel Authority, amicus curiæ.

BELDOCK, MURPHY, UGHETTA and HALLINAN, JJ., concur.


NOLAN, P. J.

Respondent's motion to dismiss the information against him on the ground that it "fails to state a prima facie case of the commission of a crime" by him has been treated as a demurrer by the Court of Special Sessions, and the order granting the motion provides that the "demurrer be, and the same hereby is sustained". It may be doubtful that the order is subject to review as "a judgment for the defendant...

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