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People v. O'Toole

6 N.Y.2d 834 Court N.Y. Decision date 1959-05-28 English

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p. 834
The People of the State of New York, Appellant, v. John O’Toole, True Name, Joseph O’Toole, Respondent. The People of the State of New York, Appellant, v. Victor Silverman, Respondent.
Argued March 12, 1959;
decided May 28, 1959.
p. 836
Edward 8. Silver, District Attorney (William I. Siegel and David Diamond of counsel), for appellant.
No appearance for respondents.

Orders reversed and information reinstated. Treating the disposition of these cases by the Court of Special Sessions as a dismissal of the informations upon the opening statement of the prosecutor, as supplemented by the statements of defense counsel, the trial court had no right to dismiss the informations and should have proceeded to trial. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Ftjld, Froessel, Van Voorhis and Burke.