PEOPLE v. EISENBERG


22 N.Y.2d 99 (1968)

The People of the State of New York, Respondent, v. Eric Eisenberg, Appellant.

Court of Appeals of the State of New York.

Decided May 16, 1968.


Attorney(s) appearing for the Case

Paul G. Chevigny for appellant.

Aaron E. Koota, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN and KEATING concur with Judge JASEN; Judge BURKE dissents and votes to dismiss the information in an opinion in which Judge BREITEL concurs.


JASEN, J.

A review of the record discloses there was sufficient evidence to warrant a finding of guilt with respect to the charge of obstructing an officer in the performance of his duty.

On appellate review, where there are conflicting inferences to be drawn from the proof, the choice of inferences is for the trier of the facts. We have limited jurisdiction to pass on the factual determination affirmed...

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