People v. Fleischman

Judgment convicting defendant of the crime of grand larceny in the first degree, reversed, on the law and on the facts, and a new trial directed. Under the rule of People v. Molineux (168 N. Y. 264) as restated in People v. Dales (309 N. Y. 97), a majority of the court is of the opinion that on this record the testimony of the witness Yan den Heuvel was inadmissible in respect of the crimes charged in this indictment. (On this subject generally, see: People v. Hudson Val. Constr. Co., 217 N. Y. 172; People v. Katz, 209 N. Y. 311; People v. Doty, 175 N. Y. 164; People v. Peckens, 153 N. Y.…