Legal Opinion

People v. Dwyer

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1914PublishedCited by 10 opinions

Appeal by the defendants, Erving V. Dwyer and others, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, rendered against them on the 15th day of August, 1911, convicting them of conspiracy to commit acts injurious to trade and commerce, and for which each was sentenced to be imprisoned in the penitentiary for three months, and in addition thereto directed to pay a fine of $500. Also, an appeal from an order denying…

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Appeal by the defendants, Erving V. Dwyer and others, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, rendered against them on the 15th day of August, 1911, convicting them of conspiracy to commit acts injurious to trade and commerce, and for which each was sentenced to be imprisoned in the penitentiary for three months, and in addition thereto directed to pay a fine of $500. Also, an appeal from an order denying defendants’ motion for a new trial made upon the minutes and for an arrest of judgment.

1Opinion of the Court

McLaughlin, J.:

This appeal is from a judgment convicting the appellants of the crime of conspiracy under section 580 of the Penal Law. Nineteen defendants were jointly indicted, of whom eighteen were tried together. One was acquitted by direction of the court, four found not guilty, and the remaining thirteen, the present appellants, convicted and each sentenced to be imprisoned in the penitentiary for three months, and in addition thereto pay a fine of $500. The defendants were engaged in buying and disposing of poultry in the city of New York, and were indicted for having conspired to…

2Cases cited6 opinions

  1. People v. . McKaneNew York Court of Appeals · 1894
  2. Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
  3. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
  4. People v. . MillerNew York Court of Appeals · 1911
  5. People v. MilesAppellate Division of the Supreme Court of the State of New York · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. JacobyNew York Court of Appeals · 1952
  2. People v. . DwyerNew York Court of Appeals · 1915
  3. People v. RandallNew York Court of Appeals · 1961
  4. People v. DioquardoNew York Court of Appeals · 1952
  5. Delaware County Electric Cooperative, Inc. v. Power AuthorityNew York Supreme Court · 1983

5 more not listed; retrieve them via the Exa API.

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