People v. Dietz — 244 N.Y. 534

Majority

p. 534

The People of the State of New York, Appellant, v. John Dietz, Respondent.

Headnote

Crimes — burglary — larceny —judgment of conviction reversed and new trial granted.

People v. Dietz, 216 App. Div. 23 , affirmed.

(Argued November 24, 1926;

decided December 31, 1926.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10,1926, which reversed a judgment of the Ontario County Court, rendered upon a verdict convicting the defendant of the crimes of burglary in the third degree and grand larceny in the second degree and granted a new trial.

p. 535

Nathan D. Lapham, District Attorney, for appellant.

B. J. Shanahan and James C. D’Aprils for respondent.

Order affirmed; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.