Fuentes v. Wilkes

Appellate Division of the Supreme Court of New York

Fuentes v. Wilkes

43 A.D.2d 985, 353 N.Y.S.2d 713, 1974 N.Y. App. Div. LEXIS 5612

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1974

StatusPublished

This text of 43 A.D.2d 985 (Fuentes v. Wilkes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuentes v. Wilkes, 43 A.D.2d 985, 353 N.Y.S.2d 713, 1974 N.Y. App. Div. LEXIS 5612 (N.Y. Ct. App. 1974).

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Opinion

Proceeding under article 78 of the CPLR to compel the County Court, Nassau County, in which court- a criminal case against petitioner is pending, to allow him to enter an alibi defense at trial, without complying with the notice of alibi provision of CPL 250.20. Application denied, proceeding. dismissed on the merits and stay in order to show cause dated February 15, 1974- vacated, without costs. We decline in advance of trial to pass upon the trial procedure to be adopted. We do not by this disposition necessarily indicate our concurrence with the reasoning of the County Court Judge. Hopkins, Acting P. J., Martascello, Shapiro, Christ and Brennan, JJ., concur.

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Proceeding under article 78 of the CPLR to compel the County Court, Nassau County, in which court- a criminal case against petitioner is pending, to allow him to enter an alibi defense at trial, without complying with the notice of alibi provision of CPL 250.20. Application denied, proceeding. dismissed on the merits and stay in order to show cause dated February 15, 1974- vacated, without costs. We decline in advance of trial to pass upon the trial procedure to be adopted. We do not by this disposition necessarily indicate our concurrence with the reasoning of the County Court Judge. Hopkins, Acting P. J., Martascello, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

43 A.D.2d 985, 353 N.Y.S.2d 713, 1974 N.Y. App. Div. LEXIS 5612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuentes-v-wilkes-nyappdiv-1974.