PEOPLE v. O'BRISKIE


46 A.D.2d 779 (1974)

The People of the State of New York, Respondent, v. Leon O'Briskie, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 4, 1974


Judgment reversed, on the law, and new trial granted.

Appellant raised no question as to the facts on this appeal. Because of the circumstantial nature of the proof against defendant, it was reversible error to receive into evidence, pursuant only to CPLR 4518, a pawnbroker's pledge form which recited that the signatory was the owner of the property described in the form and which bore the signature "Leon O'Briskie". Notwithstanding that the property pledged was shown...

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