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PEOPLE v. JACK

10 A.D.2d 336 (1960)

The People of the State of New York, Appellant, v. Hulan E. Jack, Respondent

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

April 21, 1960.

Attorney(s) appearing for the Case

Richard G. Denzer of counsel (Frank S. Hogan, District Attorney), for appellant.

Carson De Witt Baker (John R. Sanders and Mary J. Lowe with him on the brief), for respondent.

BREITEL, J. P., M. M. FRANK, VALENTE and McNALLY, JJ., concur.

BASTOW, J.

The People appeal from an order sustaining a demurrer and dismissing the indictment returned against respondent on January 12, 1960. The indictment contained four separate counts, each charging a separate crime and joined in the indictment under the claimed authority of section 279 of the Code of Criminal Procedure.

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