Appellate Division of the Supreme Court of New York, 1949

People v. Derby

People v. Derby
Appellate Division of the Supreme Court of New York · Decided February 14, 1949
275 A.D.2d 655
People v. Derby

Opinion of the Court

Per Curiam.

Upon the authority of People v. Calloway (297 N. Y. 931), People v. Cooperman (279 N. Y. 599) and People v. Orr (270 N. Y. 193), we are required to hold that the evidence in this case is insufficient to warrant a conviction of the defendant of the crime of unlawful entry.

The judgment of conviction, accordingly, should be reversed and the information dismissed.

Dore, J. P., Cohn, Callahan and Van Voorhis, JJ., concur; Shientag, J., concurs in the result.

Judgment unanimously reversed and the information dismissed.

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