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PEOPLE v. BENTON

285 A.D. 900 (1955)

The People of the State of New York, Respondent, v. Monroe Benton, Appellant

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

February 21, 1955.

Judgment reversed on the law and the facts, information dismissed, and fine remitted.

The proof was insufficient upon which to find defendant guilty. No separate appeal lies from the sentence and fine, which have been reviewed on the appeal from the judgment of conviction.

Beldock, J., dissents and votes to affirm on the ground that the proof was sufficient to establish defendant's guilt beyond a reasonable...

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