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PEOPLE v. APPELBAUM

277 A.D. 43 (1950)

The People of the State of New York, Respondent, v. Louis Appelbaum, Appellant The People of the State of New York, Respondent, v. John A. La Borde, Appellant The People of the State of New York, Respondent, v. Robert C. La Borde, Appellant

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

June 5, 1950.

Attorney(s) appearing for the Case

George J. Rudnick for Louis Appelbaum, appellant.

Sol Gelb, Harris B. Steinberg and Hyman I. Fischbach for John A. La Borde and Robert C. La Borde, appellants.

Miles F. McDonald, District Attorney (William I. Siegel of counsel), for respondent.

ADEL and WENZEL, JJ., vote to reverse the judgment of conviction for errors committed in instructing the jury, but dissent from the determination insofar as it dismisses the indictment and vote to direct a new trial, with memorandum.

Per Curiam.

Defendants appeal from a judgment of the County Court, Kings County, convicting them of violating subdivision 6 of section 1423 of the Penal Law, in that they unlawfully and willfully did (a) read or copy, in an unauthorized manner, communications passing over a certain telephone line, and, as to defendants La Borde, (b) tap or make connection with a telephone line.

Subdivision 6 of section 1423 of...

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