PEOPLE v. HOWELL


3 N.Y.2d 672 (1958)

The People of the State of New York, Respondent, v. William Howell, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1958.


Attorney(s) appearing for the Case

Jacob W. Friedman, James D. C. Murray and Irving Greenberg for appellant.

Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for respondent.

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


VAN VOORHIS, J.

We have carefully considered all of the points raised upon this appeal and resolved them against appellant. The question to which the opinions at the Appellate Division are addressed, and which has been argued at length in this court, concerns appellant's motions to dismiss the indictment on the ground that the evidence submitted as against him before the Grand Jury is legally insufficient to constitute...

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