PEOPLE v. JAMES


4 N.Y.2d 482 (1958)

The People of the State of New York, Respondent, v. Beatrice James, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Frank A. Jablonka (Lawrence Newmark of counsel), for appellant.

John P. Cohalan, Jr., District Attorney (Harold Ashare of counsel), for respondent.

Chief Judge CONWAY and Judges FULD and VAN VOORHIS concur with Judge FROESSEL; Judge DESMOND dissents in an opinion in which Judges DYE and BURKE concur.


FROESSEL, J.

Defendant was charged with violation of subdivision 1 of section 100 of the Alcoholic Beverage Control Law (unlicensed sale of alcoholic beverages). After reversal of her conviction upon an alleged plea of guilty on the grounds hereinafter stated, the case went to trial. Before presentation of any evidence, defendant moved for a dismissal of the information on the ground that it was legally insufficient...

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