People v. Cleary , 292 N.Y.S. 945 ( 1936 )

Order of the County Court of Kings county granting defendant’s motion to dismiss the indictment charging the defendant with a violation of section 1308 of the Penal Law reversed on the law and the facts, motion denied and indictment reinstated. The minutes disclose prima facie a violation of the section. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.