Appellate Division of the Supreme Court of New York, 1915

People v. Maestry

Appellate Division of the Supreme Court of New York · Decided April 9, 1915 · Scott

33 N.Y. Crim. 164; 167 A.D. 266

Counsel

Samuel Wechsler [John Palmieri with him on the brief], for the appellant., Louis Fabricant, for the respondent.

Opinion of the Court

Scott, J.:

The defendant has been convicted of murder in the second *165People v. Shenk, 142 N. Y. Supp., 1081; s. c. 30 N. Y. Cr. Rep., 128, which is to move to dismiss the information because of the insufficiency of evidence and that, therefore, the Magistrate had no jurisdiction to hold the defendant for trial. See also People ex rel. Phillips v. Hanley, 164 App. Div. 150. Even the regularity of this practice has been questioned.

The demurrer is, accordingly, overruled.

All concur.

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