People ex rel. Cohen v. Murphy

Appellate Division of the Supreme Court of New York

People ex rel. Cohen v. Murphy

254 A.D. 797, 4 N.Y.S.2d 441, 1938 N.Y. App. Div. LEXIS 7651

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

DecidedMay 11, 1938

StatusPublished

This text of 254 A.D. 797 (People ex rel. Cohen v. Murphy) 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

People ex rel. Cohen v. Murphy, 254 A.D. 797, 4 N.Y.S.2d 441, 1938 N.Y. App. Div. LEXIS 7651 (N.Y. Ct. App. 1938).

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Opinion

Order unanimously affirmed. Facts when admitted by the defendant or his counsel in court are deemed to be established. (People v. Walker, 198 N. Y. 329.) In view of the admissions made in open court at the time relator was sentenced, “ a jury trial would constitute nothing more than ‘ an idle formality affecting no substantial right.’ ” (People ex rel. Bothermel v. Murphy, 274 N. Y. 281, 283.) Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Order unanimously affirmed. Facts when admitted by the defendant or his counsel in court are deemed to be established. (People v. Walker, 198 N. Y. 329.) In view of the admissions made in open court at the time relator was sentenced, “ a jury trial would constitute nothing more than ‘ an idle formality affecting no substantial right.’ ” (People ex rel. Bothermel v. Murphy, 274 N. Y. 281, 283.) Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

254 A.D. 797, 4 N.Y.S.2d 441, 1938 N.Y. App. Div. LEXIS 7651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cohen-v-murphy-nyappdiv-1938.

Opinion

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