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PEOPLE v. ENGLESE

7 N.Y.2d 83 (1959)

The People of the State of New York, Respondent, v. Benjamin Englese, True Name Benjamin Dominick Englese, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Michael I. Winter for appellant.

Frank D. O'Connor, District Attorney (Morton Greenspan and Benj. J. Jacobson of counsel), for respondent.

Judges DYE, FROESSEL and VAN VOORHIS concur with Judge DESMOND; Chief Judge CONWAY and Judges FULD and BURKE dissent and vote to affirm.

DESMOND, J.

In July, 1958 defendant made a motion in County Court, Queens County, to vacate his 1953 conviction in that court on the ground (now just about conceded to be correct) that in 1953 he had been convicted of a felony on an indictment which alleged facts which could constitute no more than a misdemeanor. The County Court, while it vacated that 1953 judgment, denied the other part of defendant's application...

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