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PEOPLE v. FICHTNER

281 A.D. 159 (1952)

The People of the State of New York, Respondent, v. Henry Fichtner, Appellant The People of the State of New York, Respondent, v. Joseph McGuinness, Appellant

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

December 29, 1952.

Attorney(s) appearing for the Case

Edwin J. Freedman and Joseph Lite for appellants.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

NOLAN, P. J., ADEL and SCHMIDT, JJ., concur, with JOHNSTON, J.; WENZEL, J., concurs in the dismissal of the appeal from "every intermediate order," but otherwise dissents and votes to reverse the judgments and orders denying motions to set aside the verdict, and to order a new trial, with opinion.

JOHNSTON, J.

Section 850 of the Penal Law provides: "Extortion is the obtaining of property from another, * * * with his consent, induced by a wrongful use of * * * fear * * *".

Section 851 of the Penal Law provides: "Fear, such as will constitute extortion, may be induced by an oral or written threat: * * * 2. To accuse him, or any relative of his or any member of his family, of any crime; or, 3. To expose...

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