People v. Ercole

Appeal from an order of the County Court, Kings County, dismissing on the ground of double jeopardy an indictment for grand larceny in the first degree. Order affirmed on opinion of County Judge Hyman Barshay (2 Mise 2d 1015). Wenzel, Acting P. J., Murphy and Hallinan, JJ., concur; Beldock, J., dissents and votes to reverse the order and to deny the motion to dismiss the indictment, with the following memorandum: On May 29, 1953 respondent was indicted, by long-form indictment, on four counts of common-law larceny — one count of grand larceny and three counts of petit larceny. None of the…