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PEOPLE v. SOMAN

53 Misc.2d 452 (1966)

The People of the State of New York, Respondent, v. Evelyn Soman, Appellant.

Supreme Court, Appellate Term, Second Department.

December 14, 1966

Attorney(s) appearing for the Case

Benjamin Gollay for appellant. Aaron E. Koota, District Attorney (Michael Schwartz of counsel), for respondent.

Concur — MARGETT, SCHWARTZWALD and CONE, JJ.

Per Curiam.

Defendant's guilt was not established beyond a reasonable doubt. In any event it was improper to convict defendant of attempted malicious mischief. a crime with which she was not charged. Although a defendant indicted for a felony may be convicted of an attempt to commit such crime, without being specifically charged therewith (Penal Law, § 610), no similar authority is found in the New York City...

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