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People ex Rel. Damato v. Kempner

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1914
163 App. Div. 966 (N.Y. App. Div. 1914)

Opinion

June, 1914.


As the complaining witness, Zrake, had long carried on dentistry in violation of statute, relator's alleged payments for five months in 1912, and the twenty dollar monthly payments thereafter, could be found to have been in order to buy silence and protection for offenses already committed, as well as for future infractions. Therefore, the question to what extent such payments were induced by fear so as to make out the offense of extortion was for the jury. ( People v. Gardner, 144 N.Y. 119. ) The order is, therefore, reversed, and the relator remanded, the bail bond given by relator reinstated and the writ of habeas corpus dismissed. Jenks, P.J., Burr, Carr, Rich and Putnam, JJ., concurred.


Summaries of

People ex Rel. Damato v. Kempner

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1914
163 App. Div. 966 (N.Y. App. Div. 1914)
Case details for

People ex Rel. Damato v. Kempner

Case Details

Full title:The People of the State of New York ex rel. Gaetano Damato, Respondent, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1914

Citations

163 App. Div. 966 (N.Y. App. Div. 1914)

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