New York Court of Appeals, 1930

People v. Lapolte

People v. Lapolte
New York Court of Appeals · Decided April 8, 1930
253 N.Y. 573; 171 N.E. 788; 1930 N.Y. LEXIS 942
People v. Lapolte

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Judgment of the Appellate Division and that of the trial court reversed and new trial ordered for the error of the trial judge in refusing to instruct the jury that the defendant might be found guilty of a lower degree of larceny than that charged in the indictment (Code Crim. Pro. § 444; People v. Walker, 198 N. Y. 329; People v. Schleiman, 197 N. Y. 383); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.