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PEOPLE v. KOHUT

17 N.Y.2d 705 (1966)

The People of the State of New York, Respondent, v. Philip B. Kohut, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1966.

Attorney(s) appearing for the Case

Maurice Edelbaum for appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller and Milton M. Stein of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and SCILEPPI. Judge KEATING dissents in the following opinion in which Judge BERGAN concurs.

Order reversed and indictment dismissed. The crime charged in the indictment (taking unlawful fees, Penal Law, § 1826) was committed, if at all, in Nassau County (cf. Matter of Murtagh v. Leibowitz, 303 N.Y. 311, 316-317). Section 134 of the Code of Criminal Procedure is inapplicable.

KEATING, J. (dissenting).

The defendant, a public official of Long Beach, Nassau County, was indicted in New York County...

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