June, 1927.
Order dismissing indictment reversed upon the law and the facts, and indictment reinstated. We are of opinion that there was sufficient evidence to warrant the finding of the indictment. We are also of opinion that, while the case was pending in the County Court, the Special Term was without authority to dismiss. Kelly, P.J., Manning, Lazansky and Hagarty, JJ., concur; Kapper, J., dissents.
Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK SALAMONE…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Jun 1, 1927
Prior to the application the indictment was transferred from the Supreme Court to the County Court of Orange…
Matter of Hirschberg v. Supreme Ct. of St. of N.YMotion for a final order of prohibition granted. As stated in the decision of this court handed down on April…