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PEOPLE v. KIGHTLINGER

276 A.D. 230 (1949)

The People of the State of New York, Appellant, v. Craig Kightlinger, E. Starr Graham, Thure C. Peterson, and H. L. Trubenbach, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.

Attorney(s) appearing for the Case

Whitman Knapp of counsel (Edwin C. Hoyt, Jr., with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Irving Galt of counsel (David B. Stillman and Joseph D. Stim with him on the brief; Menahem Stim, attorney), for respondents.

GLENNON, J. P., VAN VOORHIS and SHIENTAG, JJ., concur with DORE, J.; COHN, J., dissents in part in opinion.

DORE, J.

The People appeal from an order of the Court of General Sessions dismissing on the Grand Jury minutes a two count indictment against the four defendants herein. As the People have abandoned the second count of the indictment, the sole issue on appeal is whether the Court of General Sessions properly dismissed the first count charging defendants with unlawfully using a name, title and descriptive material...

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