People v. Berkowitz

• Decision Date: 30 March 1959
• Citation: 7 A.D.2d 1031
• Parties: The People of the State of New York, Appellant,<BR>v.<BR>Efrem Berkowitz, Onoforio Vassallo, Dominic Felice, Kermit Frankel, Helen Durham, alias Helen Blanche, Respondents
• Court: New York Supreme Court — Appellate Division

7 A.D.2d 1031

The People of the State of New York, Appellant,

v.Efrem Berkowitz, Onoforio Vassallo, Dominic Felice, Kermit Frankel, Helen Durham, alias Helen Blanche, Respondents

March 30, 1959

Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ.

The indictment, in simplified form (Code Crim. Pro., §§ 295-a-295-1), alleged in the first count the crime of "Obscene Prints and Articles, Contrary to Penal Law Section 1141" and in the second count the crime of "Conspiracy, Contrary to Penal Law Section 580." No bill of particulars (Code Crim. Pro., §§ 295-g-295-i) nor transcript of the Grand Jury proceedings was before the County Court. The opinion of the County Judge states that upon argument before him sufficient facts were presented to convince him that neither a bill of particulars nor the Grand Jury minutes would establish by a certainty the crimes intended.

Order unanimously affirmed. Neither of the counts contains any statement of the crime with which the respondents are charged and, in addition, the second count fails to allege an overt act as required by section 583 of the Penal Law and section 398 of the Code of Criminal Procedure.