PEOPLE v. SMITH


81 Misc.2d 926 (1974)

The People of the State of New York, Respondent, v. Lloyd Smith, Appellant.

Supreme Court, Appellate Term, First Department.

January 16, 1974


Attorney(s) appearing for the Case

William E. Hellerstein and Robert Kasanof (Allen E. Burns of counsel), for appellant. Frank S. Hogan, District Attorney (Michael R. Juviler and John Bernard Mullady of counsel), for respondent.

MARKOWITZ, P. J., and LUPIANO, J., concur in Per Curiam opinion; QUINN, J., dissents in memorandum.


Per Curiam.

Defendant stands convicted of the crime of criminal impersonation (Penal Law, § 190.25). Defendant has been tried twice on six misdemeanor charges. The crime of which he stands convicted was one of these charges.

At the first trial, at the conclusion of the presentation of evidence by both sides, the Trial Judge dismissed this, and one other, count on the ground that, as a matter of law, the People had failed to establish defendant...

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