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PEOPLE v. SCHWER

7 N.Y.2d 838 (1959)

The People of the State of New York, Respondent, v. Donald Schwer, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Irving J. Neimark for appellant.

Joseph F. Gagliardi, District Attorney (Arthur V. Praete of counsel), for respondent.

Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to affirm upon the ground that this is a further, unnecessary and unwise extension of People v. James ().

Judgment reversed and information dismissed upon the authority of People v. James (4 N.Y.2d 482

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