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PEOPLE v. SMITH

10 A.D.2d 736 (1960)

The People of the State of New York, Respondent, v. William Smith, Appellant

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

March 28, 1960

Judgment reversed upon the law and a new trial ordered. (See People v. Elliott, 10 A.D.2d 735.)

Christ, J., concurs in the reversal of the judgment but dissents from the ordering of a new trial and votes to dismiss the indictment, with the following memorandum:

In my opinion, the record fails to establish appellant's guilt beyond a reasonable doubt, in that there is an absence of proof showing that he...

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