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People v. Kingsley

155 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1915-09-21 English

Contents

Majority

p. 1131
PEOPLE, Respondent, v. KINGSLEY, Appellant.
(Supreme Court, Appellate Division, Third Department.
September 21, 1915.)

Headnote

Appeal from Trial Term, Warren County. Action by the People of the State of New York against Fred Kingsley. From the judgment, defendant appeals. Judgment and order reversed, and new trial granted.

We think, in the interests of justice, that this judgment should be reversed, on the ground that the defendant should have been permitted to withdraw a juror and make a motion at Special Term for leave to amend his answer. Judgment and order reversed, and new trial granted, with costs to appellant to abide event.