PEOPLE v. DABEK


33 Misc.2d 437 (1962)

The People of the State of New York, Plaintiff, v. John Dabek, Defendant.

County Court, Erie County.

February 27, 1962


Attorney(s) appearing for the Case

David E. Brennan for defendant. Carman F. Ball, District Attorney, for plaintiff.


WILLIAM J. REGAN, J.

This is a motion by counsel for the defendant for permission to withdraw a plea of not guilty and instead interpose a demurrer to the indictment.

Defendant is charged with having violated section 1308 of the Penal Law. The indictment specifies that the defendant is accused of buying, receiving, concealing or withholding stolen or wrongfully acquired property.

Counsel argues that the indictment does not conform with...

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