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PEOPLE v. MARTIN

13 N.Y.2d 799 (1963)

The People of the State of New York, Respondent, v. Thomas Martin, J. Carlisle Pierce, Kenneth Alt and James I. Roberts, Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Earl P. Boyle, Paul R. Shanahan and Henry E. Taylor for appellants.

Joseph A. Ryan, District Attorney (Helen B. Norem of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the indictment upon the ground that it fails to allege facts sufficient to constitute a crime.

Order affirmed. All we hold in affirming the appeal herein is that the indictment is sufficient on its face to withstand a demurrer...

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