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PEOPLE v. GLUBO

5 A.D.2d 527 (1958)

The People of the State of New York, Respondent, v. Aaron Glubo, Seymour Exelberth, Robert B. Epstein and Atlantic Sewing Stores, Inc., Appellants

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

April 21, 1958.

Attorney(s) appearing for the Case

Edward H. Levine and Vernon C. Rossner for appellants.

Edward S. Silver, District Attorney (Aaron E. Koota of counsel), for respondent.

BELDOCK and UGHETTA, JJ., concur with MURPHY, J.; WENZEL, Acting, P. J., dissents and votes to reverse the judgment and to dismiss the information, in opinion, in which HALLINAN, J., concurs.

MURPHY, J.

The principal questions presented on this appeal are: (1) whether appellants violated section 421 of the Penal Law by making an untrue, deceptive or misleading assertion in advertisements which they caused to be broadcast over the facilities of a "radio station", and (2) if appellants did, whether the Court of Special Sessions of the City of New York, Borough of Brooklyn, had jurisdiction to try them...

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