Judgment reversed, on the law and as a matter of discretion in the interest of justice, the fourth count of the indictment is dismissed and a new trial is ordered as to counts two and three of the indictment.
Defendant, the assistant superintendent of an apartment building, had authority to collect rents from the tenants. He was found guilty of having withheld from the building owners rents that he had collected from one tenant for the months of April, August and...
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