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PEOPLE v. ORNSTEIN

10 N.Y.2d 1005 (1961)

The People of the State of New York, Respondent, v. Theodore Ornstein, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Leonard S. Elman for appellant.

Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), for respondent.

Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Chief Judge DESMOND and Judge FOSTER dissent and vote to affirm.

Judgment reversed and information dismissed upon the ground that the evidence was insufficient to establish defendant's violation of the statute (Vehicle and Traffic Law, § 1163, subd. [a...

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