PEOPLE v. MARSH


46 Misc.2d 777 (1965)

The People of the State of New York, Plaintiff, v. James E. Marsh, Defendant.

Criminal Court of the City of New York, New York County.

June 25, 1965


Attorney(s) appearing for the Case

Frank Hogan, District Attorney (Irwin Rochman of counsel), for plaintiff. Anthony F. Marra and Rae Selwyn for defendant.


MILTON SHALLECK, J.

The facts in this case are simple. The legal question is uncomplicated. The problem is to arrive at the answer. For there is novelty here; and analysis can stem, not from direct precedent, but from trends indicated by the few cases having applicability.

Prior to a 1963 legislative change in subdivision 1 of section 177 of the Code of Criminal Procedure, there could be no reason to...

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