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PEOPLE v. NEISS

92 Misc.2d 839 (1978)

The People of the State of New York, Plaintiff, v. Bencion Neiss, Fay Neiss, Jacob Neiss, Martin Baumel and Burton Cohen, Defendants.

Supreme Court, Kings County.

January 5, 1978

Attorney(s) appearing for the Case

George Meissner for Bencion Neiss and others, defendants. David Katz for Martin Baumel, defendant. Michael L. Macklowitz for Burton Cohen, defendant. Eugene Gold, District Attorney (David Michael Israel of counsel), for plaintiff.

WILLIAM C. THOMPSON, J.

This is a case of first impression.

In an omnibus motion seeking divers relief defendant contends, inter alia, that the indictment is defective.

In a multicount indictment defendant is charged with grand larceny and theft of services. On the grand larceny charge defendant is accused of such crime in that he "did steal property, to wit, a quantity of gas from...

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