In People v. Goldsmith (249 N.Y. 586) the application was made in the first instance to the Appellate Division as a court.Summary of this case from People v. McCarthy
Argued October 22, 1928
Decided November 20, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Horace G. Marks for appellant.
Robert H. Elder, William Dike Reed and Otho S. Bowling, amici curiae. Joab H. Banton, District Attorney ( Felix C. Benvenga and Michael J. Driscoll of counsel), for respondent.
Judgment of the Appellate Division and that of Special Sessions reversed and information dismissed upon the ground that there is no evidence that defendant held himself out to the public as being entitled to practice law within the meaning of section 270 of the Penal Law. (See People v. Alfani, 227 N.Y. 334.)
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and KELLOGG, JJ. Not sitting: O'BRIEN, J.