Appellate Division of the Supreme Court of New York, 1957

People v. Kelly

People v. Kelly
Appellate Division of the Supreme Court of New York · Decided April 2, 1957
3 A.D.2d 818; 160 N.Y.S.2d 976; 1957 N.Y. App. Div. LEXIS 5989
People v. Kelly

Opinion of the Court

Judgment unanimously reversed, the indictment dismissed, and defendant released from custody. On the entire record there was insufficient proof to establish, beyond a reasonable doubt, the unlawful intent. (See People v. Adamkiewicz, 298 N. Y. 176.) Concur — ■ Breitel, J. P., Botein, Rabin, Valente and McNally, JJ.

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