Legal Opinion

People v. Branch

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

Decided April 6, 1961PublishedCited by 31 opinions

1Opinion of the Court

Judgment of conviction unanimously reversed on the law and facts and indictment dismissed. Memorandum: There was nothing in the evidence to show that the defendant had entered into a conspiracy with the vendor of the narcotics to engage in the selling of narcotics or that the defendant had acted in the transaction in any way as the agent of the vendor or on her behalf, or that he was associated in any way with the enterprise of the vendor or that he had any personal or financial interest in bringing trade to her. The motion to dismiss the indictment should therefore have been granted. One who…

2Cases cited5 opinions

  1. United States v. SawyerCourt of Appeals for the Third Circuit · 1954
  2. United States v. Marie Moses, Alias Marie KellyCourt of Appeals for the Third Circuit · 1955
  3. People v. BusterAppellate Division of the Supreme Court of the State of New York · 1955
  4. People v. PasquarelloNew York Court of Appeals · 1954
  5. People v. PasquarelloAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by31 opinions

  1. People v. Lam Lek ChongNew York Court of Appeals · 1978
  2. People v. SierraNew York Court of Appeals · 1978
  3. Commonwealth v. SimioneSupreme Court of Pennsylvania · 1972
  4. People v. AndujasNew York Court of Appeals · 1992
  5. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1971

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