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People v. Lapolte

Court of Appeals of the State of New York
Apr 8, 1930
253 N.Y. 573 (N.Y. 1930)

Opinion

Argued March 21, 1930

Decided April 8, 1930

Appeal from the Supreme Court, Appellate Division, First Department.

Peter L.F. Sabbatino for appellant.

Thomas C.T. Crain, District Attorney ( John C. McDermott of counsel), for respondent.


Judgment of the Appellate Division and that of the trial court reversed and new trial ordered for the error of the trial judge in refusing to instruct the jury that the defendant might be found guilty of a lower degree of larceny than that charged in the indictment (Code Crim. Pro. § 444; People v. Walker, 198 N.Y. 329; People v. Schleiman, 197 N.Y. 383); no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.


Summaries of

People v. Lapolte

Court of Appeals of the State of New York
Apr 8, 1930
253 N.Y. 573 (N.Y. 1930)
Case details for

People v. Lapolte

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK. Respondent, v. JOSEPH LAPOLTE…

Court:Court of Appeals of the State of New York

Date published: Apr 8, 1930

Citations

253 N.Y. 573 (N.Y. 1930)

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