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PEOPLE v. BAUMSTEIN

5 A.D.2d 794 (1958)

The People of the State of New York, Respondent, v. Edward Baumstein, Appellant

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

January 27, 1958

Judgment reversed on the law and the facts, information dismissed, and fine remitted.

The proof fails to establish guilt beyond a reasonable doubt. After appellant had been found guilty, evidence was presented by and on behalf of his codefendant, without participation by appellant in such portion of the trial. Accordingly, such evidence has no bearing on this appeal. No separate appeal lies from the sentence, which has been...

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