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PEOPLE v. O'TOOLE

6 N.Y.2d 834 (1959)

The People of the State of New York, Appellant, v. John O'Toole, True Name, Joseph O'Toole, Respondent. The People of the State of New York, Appellant, v. Victor Silverman, Respondent.

Court of Appeals of the State of New York.

Decided May 28, 1959.

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (William I. Siegel and David Diamond of counsel), for appellant.

No appearance for respondents.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

Orders reversed and information reinstated. Treating the disposition of these cases by the Court of Special Sessions as a dismissal of the information upon the opening statement of the prosecutor, as supplemented by the statements of defense counsel, the trial court had no right to dismiss the informations and should have proceeded to trial...

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