People v. Lamm
New York Court of Appeals
I. A fatal variance exists between the indictment and tbe proof which was not cured by tbe People’s motion to conform tbe indictment to tbe proof in relation to tbe ownership of tbe money alleged to have been extorted and the indictment should have been dismissed. (Peo-pie v. Kelley, 127 Mise. 300; People v. 'Dmnar, 106 N. Y. 502; People y. Corbalis, 178 N. Y. 516; People v. Grogan, 260 N. Y. 138; People v. Bloom, 263 App. Div. 821; People v. Mot ello, 157 App.
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I. A fatal variance exists between the indictment and tbe proof which was not cured by tbe People’s motion to conform tbe indictment to tbe proof in relation to tbe ownership of tbe money alleged to have been extorted and the indictment should have been dismissed. (Peo-pie v. Kelley, 127 Mise. 300; People v. 'Dmnar, 106 N. Y. 502; People y. Corbalis, 178 N. Y. 516; People v. Grogan, 260 N. Y. 138; People v. Bloom, 263 App. Div. 821; People v. Mot ello, 157 App. Div. 510; People v. Bromwich, 200 N. Y. 385; People v. Faw Every, 222 N. Y. 74; PeopZe v. Mies, 289 N. Y. 360; People'v. Clurman, 290…
1Opinion of the CourtThacher, J.
Defendant appeals from a judgment unanimously affirming a judgment of conviction for attempted extortion. The indictment charged the defendant with having-attempted to obtain from one Joseph O’Rourke $225 with O’Rourke’s consent, induced by a threat unlawfully to injure the business and property of 0 ’Rourke.
Defendant, a special organizer of a local union of the Brotherhood of Painters, Decorators and Paperhangers of America, is alleged to have threatened to prevent O’Rourke from obtaining the services of union men needed, to carry on his business. The indictment, as well as .the District…
2Cited by10 opinions
- People v. DioguardiNew York Court of Appeals · 1960
- People v. VidalNew York Court of Appeals · 1970
- United States v. KubackiDistrict Court, E.D. Pennsylvania · 1965
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1955
- People v. KatzAppellate Terms of the Supreme Court of New York · 1987
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