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PEOPLE v. LEFF

278 A.D. 679 (1951)

The People of the State of New York, Respondent, v. Morris Leff, Appellant

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

March 13, 1951.

Judgment affirmed.

SHIENTAG, J. (dissenting).

I dissent and vote to reverse the conviction and for a new trial upon the ground (1) that, on the theory of a conspiracy not charged in the indictment or embraced within the two substantive counts of misdemeanors, highly prejudicial evidence was received concerning acts and declarations of third persons not in the presence of the defendant and (2) that the jury was erroneously charged, in effect, that...

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