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PEOPLE v. KIRKUP

4 N.Y.2d 209 (1958)

The People of the State of New York, Appellant, v. J. Milford Kirkup, Jr., Respondent, et al., Defendants. (Indictment No. 7256.) The People of the State of New York, Appellant, v. J. Milford Kirkup, Jr., Respondent, et al., Defendants. (Indictment No. 7258.)

Court of Appeals of the State of New York.

Decided April 3, 1958.

Attorney(s) appearing for the Case

Edward E. Rigney, Special Assistant Attorney-General (Edwyn Silberling of counsel), for appellant.

Henry Tasker, Reginald C. Smith and Robert W. Tasker for respondent.

Chief Judge CONWAY and Judges DYE, FROESSEL and BURKE concur in Per Curiam opinion; Judge FULD concurs as to Indictment No. 7256 for violation of section 580 of the Penal Law but dissents and votes to affirm as to Indictment No. 7258 for violation of section 1864 of the Penal Law; Judges DESMOND and VAN VOORHIS dissent and vote to affirm as to both indictments on the memorandum opinion of the Appellate Division.

Per Curiam.

Two indictments were filed against the defendant Kirkup in the Extraordinary Special and Trial Term of the Supreme Court of Suffolk County. Indictment No. 7256 charges him with having committed the crime of conspiracy contrary to section 580 (subds. 1, 4, 6) of the Penal Law. Indictment No. 7258 charges him with having violated section 1864 of the Penal Law.

The evidence adduced before the Grand...

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