PEOPLE v. FREISTADT


3 A.D.2d 937 (1957)

The People of the State of New York, Plaintiff, v. Albert Freistadt, J. Milford Kirkup, Jr., Irving Garfinkle and William Egelman, Defendants. (Indictment No. 7256.) The People of the State of New York, Plaintiff, v. J. Milford Kirkup, Jr., Albert Freistadt, Irving Garfinkle and William Egelman, Defendants. (Indictment No. 7258.)

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

May 27, 1957


Motion of defendant KIRKUP to dismiss, as to him, indictments numbered 7256 and 7258 for insufficiency of proof to warrant their return by the Grand Jury at the Extraordinary Trial and Special Term of the County of Suffolk. Motion granted, indictments dismissed, and bail exonerated.

The proof warrants a finding that the proprietor of a retail drugstore and his successors in interest had, over a period of approximately five years, ordered drugs from manufacturers ostensibly...

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