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PEOPLE v. BRODY

52 Misc.2d 852 (1966)

The People of the State of New York, Appellant, v. Joseph Brody, Respondent, and Blor Realty Corporation, Substituted Defendant.

Supreme Court, Appellate Term, First Department.

November 17, 1966

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Seymour B. Quel and Eric J. Byrne of counsel), for appellant. Daniel Finkelstein for respondent.

Concur — STREIT, J. P., GOLD and HOFSTADTER, JJ.

Per Curiam.

It was error for the court below to direct the substitution of Blor Realty Corporation for defendant Brody over the objection of the People. The proceeding was instituted by the People against defendant Brody who was the only person before the court. No proceeding was brought by the People against the corporation. (See Code Crim. Pro., §§ 675, 677, 681.)

It was likewise error for the trial court to set aside its finding of guilt...

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