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People v. Mullens, Solomon

Court of Appeals of the State of New York
Jul 16, 1948
81 N.E.2d 332 (N.Y. 1948)

Opinion

Argued June 9, 1948

Decided July 16, 1948

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

Henry Epstein and Robert Wolf for Charles Mullens, appellant.

Abraham J. Gellinoff, Harold H. Corbin and Herman Hoffman for William Solomon, appellant.

Frank S. Hogan, District Attorney ( Whitman Knapp, Eugene A. Leiman, Harold Roland Shapiro and Edgar J. Nathan, 3d, of counsel), for respondent.


ORDER of Appellate Division, insofar as it reverses that part of the order of the Court of General Sessions dismissing counts one and four of the indictment and denies defendants' motion to dismiss said counts, reversed, and the order of the Court of General Sessions affirmed, and except as so modified order of Appellate Division affirmed. We do not find in the grand jury minutes independent, nonaccomplice evidence sufficient in law (Code Crim. Pro., § 399) to corroborate the testimony given by the accomplice Walsey concerning the so-called 1935 transaction, and legally adequate to support counts 1 and 4. ( People v. Mullens and Solomon, 292 N.Y. 408, 414-417; People v. Nitzberg, 289 N.Y. 523, 526, 530-531). No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER and DYE, JJ. Taking no part: CONWAY and FULD, JJ.


Summaries of

People v. Mullens, Solomon

Court of Appeals of the State of New York
Jul 16, 1948
81 N.E.2d 332 (N.Y. 1948)
Case details for

People v. Mullens, Solomon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant and Respondent, v. CHARLES…

Court:Court of Appeals of the State of New York

Date published: Jul 16, 1948

Citations

81 N.E.2d 332 (N.Y. 1948)
81 N.E.2d 332

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