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PEOPLE v. DIOQUARDO

303 N.Y. 514 (1952)

The People of the State of New York, Respondent, v. Fred Dioquardo, Appellant.

Court of Appeals of the State of New York.

Decided March 13, 1952

Attorney(s) appearing for the Case

Sol Gordon and Sidney R. Siben for appellant.

Lindsay R. Henry, District Attorney (Harry C. Brenner of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

The information charges a violation of section 722 of the Penal Law by name although not by section number. There is no requirement that the section number be mentioned. Indeed, the presence of the number is unnecessary and surplusage. (People v. Adler, 174 App. Div. 301, 303; see, also, People v. Dwyer, 160 App. Div. 542, 547, affd. 215 N.Y. 46.) The information also sets forth, with sufficient...

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