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PEOPLE v. LIEBERMAN

3 A.D.2d 915 (1957)

The People of the State of New York, Appellant, v. Jerome Lieberman, Respondent

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

May 6, 1957

Order affirmed.

In our opinion, the evidence before the Grand Jury failed to show any conspiracy as claimed by the People, or that respondent aided and abetted Mittman in beating and striking decedent as alleged in the indictment. There being insufficient proof to warrant a conviction for the crime charged, the indictment based thereon was properly dismissed. (Cf. People v. Nitzberg, 289 N.Y. 523, 526; People v....

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