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PEOPLE v. CALLAHAN

19 A.D.2d 889 (1963)

The People of the State of New York, Respondent, v. Lloyd Callahan, Appellant

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

November 4, 1963

Judgment convicting defendant of malicious mischief reversed on the law and the facts; information dismissed; and defendant discharged (with respect to the charge in such information).

There was no evidence that the injury to the property was willful, as required by the statute (Penal Law, § 1433; cf. People v. Broady, 5 N.Y.2d 500, 506-507). Judgment convicting defendant of...

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