PEOPLE v. MOORE


18 A.D.2d 417 (1963)

The People of the State of New York, Respondent, v. Lewis Moore, Appellant

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

May 7, 1963.


Attorney(s) appearing for the Case

F. W. H. Adams of counsel (George Adams with him on the brief; Satterlee, Warfield & Stephens, attorneys), for appellant.

Richard R. Lutz of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

EAGER, STEUER and BERGAN, JJ., concur with McNALLY, J. P.; STEVENS, J., concurs in result.


McNALLY, J. P.

Defendant, an attorney, was convicted of two counts of attempted arson. On August 23, 1959, at or about 4:55 A.M., the superintendent of premises 163 West 84th Street, in the Borough of Manhattan, reported to a patrolman the strong odor of gasoline emanating from said premises. A search of the premises indicated the probable source of the gasoline odor to be the basement of the store premises occupied...

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