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PEOPLE v. SANDGREN

277 A.D. 217 (1950)

The People of the State of New York, Respondent, v. Svend O. Sandgren, Appellant

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

June 27, 1950.

Attorney(s) appearing for the Case

Samuel Segal for appellant.

George Tilzer of counsel (Herman J. Fliederblum with him on the brief; George B. DeLuca, District Attorney, Bronx County), for respondent.

PECK, P. J., and VAN VOORHIS, J., concur with CALLAHAN, J.; DORE, J., dissents and votes to affirm in opinion in which SHIENTAG, J., concurs.

CALLAHAN, J.

The defendant has been convicted of the crime of manslaughter in the second degree based upon a finding of guilt under the provisions of section 1052 of the Penal Law reading in part: "Mischievous animals. — If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, and not confined...

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