People v. Lobel
New York Court of Appeals
I. The trial court erred in allowing proof of asserted false pretenses and representations which were not in any way alleged or set forth in the indictment. (Penal Law, § 1290; L. 1942, ch. 732, § 2; as amd. by L. 1943, ch. 224.) II. The trial court’s charge was erroneous and highly prejudicial. (C. J., Summary of Evidence, § 1170, p. 713; Minner v. United States, 57 P. 2d 506; People v. Wolf, 183 N. Y. 464; People v. Thomas, 240 App.
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I. The trial court erred in allowing proof of asserted false pretenses and representations which were not in any way alleged or set forth in the indictment. (Penal Law, § 1290; L. 1942, ch. 732, § 2; as amd. by L. 1943, ch. 224.) II. The trial court’s charge was erroneous and highly prejudicial. (C. J., Summary of Evidence, § 1170, p. 713; Minner v. United States, 57 P. 2d 506; People v. Wolf, 183 N. Y. 464; People v. Thomas, 240 App. Div. 101; Williams v. United States, 93 F. 2d 685; Quercia v. United States, 289 U. S. 466.) III. Defendant Lobel was denied due process of law in violation of…
1Opinion of the CourtLewis, J.
Tlie indictment upon which rests the judgment of conviction against each of the two defendants-appellants, originally contained 479 counts which charged the appellants and three other defendants with grand larceny first degree and forgery second degree. The indictment also charged that the acts and transactions alleged in the several counts were “ connected together and constitute part of a common plan and scheme.” Prior to the trial certain counts charging forgeries and larcenies were dismissed on motion hy reason of lack of jurisdiction and insufficiency of evidence before the grand jury;…
2Cases cited10 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- People v. . PeckensNew York Court of Appeals · 1897
- People v. . MillerNew York Court of Appeals · 1902
- People v. DoranNew York Court of Appeals · 1927
- People v. . CosmoNew York Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- People v. KernNew York Court of Appeals · 1990
- People v. EvansNew York Court of Appeals · 2000
- People v. OdenNew York Court of Appeals · 1975
- People v. De ToreNew York Court of Appeals · 1974
- People v. LeontiNew York Court of Appeals · 1966
34 more not listed; retrieve them via the Exa API.