PEOPLE v. BRESLIN


4 N.Y.2d 73 (1958)

The People of the State of New York, Respondent, v. Raymond Breslin, Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1958.


Attorney(s) appearing for the Case

J. Byron O'Connell for appellant.

Raymond Breslin pro se.

Frank S. Hogan, District Attorney (Lawrence K. Feitell, Richard G. Denzer and Charles W. Manning of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, VAN VOORHIS and BURKE concur with Judge FROESSEL; Judges DYE and FULD dissent in separate opinions.


FROESSEL, J.

Defendant was indicted for attempted extortion, attempted grand larceny in the second degree, impersonating a public officer and carrying a dangerous weapon after a prior conviction. The grand larceny and dangerous weapon counts were dismissed, while the others were submitted to the jury. They found defendant guilty of attempted extortion only, and he was sentenced, as a second felony offender, to...

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