Legal Opinion

People v. Fein

New York Court of Appeals

Decided January 13, 1944PublishedCited by 21 opinions

There was no evidence to show that the crime was committed in whole or in part in the county of New York, hence it was reversible error for the trial court to deny the motion to dismiss the indictment at the close of the case. (People v. Zimmer, 174 App. Div. 470, 220 N. Y. 597; People v. Spivak, 237 N. Y. 460; People v. McGlean, 243 App.

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There was no evidence to show that the crime was committed in whole or in part in the county of New York, hence it was reversible error for the trial court to deny the motion to dismiss the indictment at the close of the case. (People v. Zimmer, 174 App. Div. 470, 220 N. Y. 597; People v. Spivak, 237 N. Y. 460; People v. McGlean, 243 App. Div. 578; People v. Werblow, 241N. Y. 55.) The trial court had no jurisdiction to submit the count of concealing and withholding to the jury. (People v. Zimmer, 174 App. Div. 470, 220 N. Y. 597; People v. Spivak, 237 N. Y. 460; Allison v. Commonwealth, 83…

1Opinion of the CourtLewis, J.

On the night of March 7, 1941, a sealed truck containing women’s wearing' apparel of value in excess of $5,000 was stolen from a garage in New York County. Although the truck was found the following day, empty and abandoned, the identity of the thieves was not established. Five days later police officers assigned to the case entered a garage in the borough of Brooklyn, Kings County, where they found concealed under a tarpaulin a quantity of wearing apparel which was later identified as the contents of the stolen truck.

A grand jury in New YorJc County thereafter returned an indictment which by…

2Cases cited6 opinions

  1. The People v. . JaehneNew York Court of Appeals · 1886
  2. People v. WerblowNew York Court of Appeals · 1925
  3. People v. BrengardNew York Court of Appeals · 1934
  4. People v. . SpivakNew York Court of Appeals · 1924
  5. People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by21 opinions

  1. Hornstein v. Paramount Pictures, Inc.New York Court of Appeals · 1944
  2. People v. ColonNew York Court of Appeals · 1971
  3. De Veau v. BraistedAppellate Division of the Supreme Court of the State of New York · 1958
  4. People v. TanseyNew York Supreme Court · 1992
  5. People v. HarrisNew York Supreme Court · 1944

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