People v. Calmbacher

This is a motion for a certificate of reasonable doubt. Defendant, an election inspector, *407was charged in two separate counts of an indictment with violation of section 751, subdivision 12, and section 766 of the Penal Law in making a false statement of the results of the votes cast at a primary election of candidates for the mayoralty nomination. The charge under section 751 was a misdemeanor and that under section 766 was a felony. He was convicted upon the first of these counts. Section 751, so far as material, reads that any person who “ Being * * * an election inspector * * * wilfully * *…