PEOPLE v. AVERY


9 A.D.2d 34 (1959)

The People of the State of New York, Respondent, v. Lyman Avery, Appellant

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

August 13, 1959.


Attorney(s) appearing for the Case

McGivern & Gibbons (Bernard T. McGivern of counsel), for appellant.

Charles A. Drake, Special District Attorney for Hamilton County, for respondent.

GIBSON, HERLIHY and REYNOLDS, JJ., concur.


COON, J.

Defendant was the County Treasurer of Hamilton County. As a result of a single trial he was found guilty on two separate indictments charging him with violations of section 1867 of the Penal Law. That section reads as follows: "§ 1867. Misappropriation by county treasurer. A county treasurer, who wilfully misappropriates any moneys, funds or securities, received by or deposited with him as such treasurer...

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