Peabody v. Francke

Appellate Division of the Supreme Court of New York

Peabody v. Francke

4 A.D.2d 962, 168 N.Y.S.2d 201, 1957 N.Y. App. Div. LEXIS 3896

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

DecidedNovember 18, 1957

StatusPublished

Cited by1 cases

This text of 4 A.D.2d 962 (Peabody v. Francke) 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.

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Peabody v. Francke, 4 A.D.2d 962, 168 N.Y.S.2d 201, 1957 N.Y. App. Div. LEXIS 3896 (N.Y. Ct. App. 1957).

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Opinion

Appeal from a resettled order denying an application to direct the County Clerk, Nassau County, to expunge from the record the return filed by a Police Justice sitting as a Court of Special Sessions, certifying to the conviction of appellant on a charge of disorderly conduct. Appellant was convicted by the Police Justice sitting as a Court of Special Sessions and on appeal this conviction was reversed and a new trial ordered in the County Court, Nassau County. A second trial was never held, and the proceedings were dismissed. Order unanimously affirmed, without costs. The return was filed in accordance with the mandate of the statute (Code Grim. Pro., § 756). No right to have it expunged exists unless such right is conferred by statute (Matter of Molineux v. Collins, 177 N. Y. 395; Matter of Dorgan v. Mercer, 178 Miso. 368; cf. Matter of Troüo v. Valentine, 179 Mise. 954). Present — Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ,

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Appeal from a resettled order denying an application to direct the County Clerk, Nassau County, to expunge from the record the return filed by a Police Justice sitting as a Court of Special Sessions, certifying to the conviction of appellant on a charge of disorderly conduct. Appellant was convicted by the Police Justice sitting as a Court of Special Sessions and on appeal this conviction was reversed and a new trial ordered in the County Court, Nassau County. A second trial was never held, and the proceedings were dismissed. Order unanimously affirmed, without costs. The return was filed in accordance with the mandate of the statute (Code Grim. Pro., § 756). No right to have it expunged exists unless such right is conferred by statute (Matter of Molineux v. Collins, 177 N. Y. 395; Matter of Dorgan v. Mercer, 178 Miso. 368; cf. Matter of Troüo v. Valentine, 179 Mise. 954). Present — Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ,

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Bluebook (online)

4 A.D.2d 962, 168 N.Y.S.2d 201, 1957 N.Y. App. Div. LEXIS 3896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-francke-nyappdiv-1957.

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