Opinion · Nylaw New York

PEOPLE v. COHEN, 273 App. Div. 978 (1948)

PEOPLE OF THE STATE OF N.Y., Respondent, v. IRVING COHEN, Appellant., 273 A.D. 978 (Appellate Division of the Supreme Court of New York, Second Department. 1948)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1948-04-19
Topic: general

PEOPLE v. COHEN, 273 App. Div. 978 (1948) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRVING COHEN, Appellant.Appellate Division of the Supreme Court of New York, Second Department. April 19, 1948.

Citator

UpLaw has not yet analyzed PEOPLE v. COHEN, 273 App. Div. 978 (1948). The absence of a flag is not a finding that it is good law.

PEOPLE v. COHEN,273 App. Div. 978(1948)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRVING COHEN, Appellant.

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

April 19, 1948.

Judgment of the County Court, Kings County, convicting defendant of the crime of grand larceny in the first degree, on numerous counts, and imposing sentences thereon, and orders, affirmed. No opinion.

Lewis, P.J., Carswell and Johnston, JJ., concur; Adel and Wenzel, JJ., dissent and vote to reverse the judgment on the law, to dismiss the indictment, and to dismiss the appeal from the orders, with the following memorandum:

The case against appellant is entirely circumstantial. There is evidence that he aided and assisted Lobel, a codefendant (seePeoplev.Lobel, post, p. 978, decided herewith), to cash checks in New York County, and that the checks were stolen. There can, however, be no exclusive inference from the evidence that appellant had knowledge that the checks were stolen; and it can as readily be inferred from the evidence that his knowledge was to the effect that the checks were of another character. The specific crimes submitted to the jury by the trial judge were not proved beyond a reasonable doubt to have been committed by the appellant.