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PEOPLE v. STERN

3 N.Y.2d 658 (1958)

The People of the State of New York, Appellant, v. Sidney Stern, Periodical Distributors of Greater New York, Inc., Herbert Cohen, Max Schiffrin, Sol Schiffrin, Eli Schiffrin and Walter Hale, Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1958.

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Aaron E. Koota and Harry Brodbar of counsel), for appellant.

Herbert Monte Levy for respondents.

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

BURKE, J.

The single question framed in this appeal is whether the Grand Jury possessed the power to find and present an indictment against defendants charging them with violation of section 1141 of the Penal Law. The County Court and the Appellate Division have answered the question in the negative.

The Grand Jury in question was duly impaneled for the June, 1955 term of the County Court of Kings County...

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