Appellate Division of the Supreme Court of New York, 1934

People v. McCann

Appellate Division of the Supreme Court of New York · Decided December 7, 1934 · Martin

242 A.D. 515; 275 N.Y.S. 887; 1934 N.Y. App. Div. LEXIS 6112

Counsel

John C. McDermott of counsel [William Copeland Dodge, District Attorney], for the appellant., James D. C. Murray of counsel [J. Richard Davis and Max Fruchtman with him on the brief; James D. C. Murray, attorney], for the respondent.

Opinion of the Court

Martin, J,

The authorities on the subject here presented support the contention of the respondent that the indictment is defective. It appears to have been based upon sections of the Penal Law which do not apply. The fact that this indictment must be dismissed does not relieve the district attorney of his duty to prosecute if he finds that other sections of the Penal Law have been violated.

The order should be affirmed.

Finch, P. J., Merrell, O'Malley and Untermyer, JJ., concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.