People v. Glubo

• Decision Date: 07 October 1958
• Citation: 179 N.Y.S.2d 100,5 N.Y.2d 759
• Parties: , 153 N.E.2d 731 PEOPLE, Respondent, v. Aaron GLUBO, Appellant. PEOPLE v. Robert B. EPSTEIN. PEOPLE v. Seymour EXELBERTH. PEOPLE v. ATLANTIC SEWING STORES, INC.
• Court: New York Court of Appeals Court of Appeals

Page 100

179 N.Y.S.2d 100

5 N.Y.2d 759, 153 N.E.2d 731

PEOPLE, Respondent, v. Aaron GLUBO, Appellant.

PEOPLE v. Robert B. EPSTEIN.

PEOPLE v. Seymour EXELBERTH.

PEOPLE v. ATLANTIC SEWING STORES, INC.

Court of Appeals of New York.

Oct. 7, 1958.

Appeal from Supreme Court, Appellate Division, Second Department, 5 A.D.2d 527, 174 N.Y.S.2d 159.

Defendants were convicted of conspiracy to violate Section 421 of the Penal Law, Consol.Laws, c. 40, making untrue, deceptive or misleading radio advertising a misdemeanor. The Court of Special Sessions of the City of New York, Borough of Brooklyn, entered judgment, and the defendants appealed.

The Appellate Division, Murphy, J., affirmed the judgment and held that where defendants conspired to use radio to advertise a sewing machine to the public for a certain price, and described such machine as a top quality machine, when in fact such machine was of very poor quality, defendants were guilty of conspiring to violate the statute, though defendants did not in fact intend to sell the advertised machines. Wenzel and Hallinan, JJ., dissented.

The defendants appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.

Motion for enlargement of time granted and the case set down for argument during the October, 1958, session of this Court.