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People v. Dukatt

298 N.Y. 545 Court N.Y. Decision date 1948-07-16 English

Judges Concur: Lqughran, Ch. J., Lewis, DesmoND, Thacheb, Dte and Pulo, JJ. Taking no part: CoNway, J.

Contents

Majority

p. 545
The People of the State of New York, Respondent, v. Harry Dukatt, Appellant. The People of the State of New York, Respondent, v. Isadore Hillman, Appellant.
Argued June 7, 1948;
decided July 16, 1948.
p. 546
Edward Halle for appellants.
Frank 8, Hogan, District Attorney (.Harold Roland Shapiro and Whitman Knapp of counsel), for respondent.

Judgments reversed and new trials ordered upon the ground that the undisputed evidence is that defendants tendered a check in payment for their lodging and other accommodations upon demand by the hotel; in the absence of competent evidence that the check was worthless, such tender overcomes the presumption created by section 925 of the Penal Law. No opinion.

Concur: Lqughran, Ch. J., Lewis, DesmoND, Thacheb, Dte and Pulo, JJ. Taking no part: CoNway, J.