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PEOPLE v. BRODY

52 Misc.2d 851 (1965)

The People of the State of New York, Appellant-Respondent, v. Joseph Brody, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

July 8, 1965

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Charles A. La Torella, Jr., of counsel), for appellant-respondent. Daniel Finkelstein for respondent-appellant.

Concur — TILZER, J. P., HECHT and HOFSTADTER, JJ.

Per Curiam.

There is no statutory or decisional authority for the purported substitution of the corporation for the individual defendant after the court had clearly pronounced a finding of guilt against the individual defendant. The purported substitution was tantamount to an order in arrest of judgment and the appeal by the People is therefore authorized (Code Crim. Pro., § 518, subd. 2). The judgment of conviction...

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