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PEOPLE v. BUDNER

15 N.Y.2d 253 (1965)

The People of the State of New York, Respondent, v. George Budner, Appellant.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Harry Krauss for appellant.

Frank S. Hogan, District Attorney (Robert B. Sperling and H. Richard Uviller of counsel), for respondent.

Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents and votes to reverse the judgment and to dismiss the information in an opinion in which Judge FULD concurs.

VAN VOORHIS, J.

Appellant was charged with common barratry in that on or about June 22, 1961, and prior thereto, he excited needless judicial and legal proceedings in more than three instances with corrupt and malicious intent to vex and annoy Ambassador Clothes, Inc., and its president Mac Largever. Evidence was introduced that defendant returned a suit to Ambassador Clothes which had been made for him from...

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