People v. Semaszczuk — 294 N.Y. 946

Majority

p. 946

The People of the State of New York, Respondent, v. Walter Semaszczuk, Appellant.

Submitted June 5, 1945;

decided July 19, 1945.

p. 947

Solomon Raffe for appellant.

Fred J. Munder, District Attorney (Henry Tasker of counsel), for respondent.

Judgments reversed and information dismissed on the ground that the information does not allege facts constituting the crime (Penal Law, § 185). We pass upon no other question. No opinion.

Concur: Lehman, Ch. J., Lewis, Conway, Desmond, Thacher and Dye, JJ. Taking no part: Loughran, J.