People ex rel. Walston v. Krueger

Appellate Division of the Supreme Court of New York

People ex rel. Walston v. Krueger

35 A.D.2d 813, 316 N.Y.S.2d 990, 1970 N.Y. App. Div. LEXIS 3628

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

DecidedNovember 2, 1970

StatusPublished

This text of 35 A.D.2d 813 (People ex rel. Walston v. Krueger) 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. Walston v. Krueger, 35 A.D.2d 813, 316 N.Y.S.2d 990, 1970 N.Y. App. Div. LEXIS 3628 (N.Y. Ct. App. 1970).

Pincite

Opinion

Christ, P. J., Hopkins and Martuseello, JJ., concur; Rabin and Munder, JJ., concur in dismissal of the appeal from the order-judgment dated August 21,, 1969, but otherwise dissent and vote to reverse the order-judgment dated September 11, 1969 insofar as appealed from and to dismiss the writ and reinstate the indictment, with the following memorandum: In our opinion, under the total circumstances of this case, the People sustained their burden of showing good cause for the delay in prosecution (People v. Ganci, 33 A D 2d 797; People v. Pirone, 31 A D 2d 1007; People ex rel. Phipps v. Flood, 30 A D 2d 641).

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Christ, P. J., Hopkins and Martuseello, JJ., concur; Rabin and Munder, JJ., concur in dismissal of the appeal from the order-judgment dated August 21,, 1969, but otherwise dissent and vote to reverse the order-judgment dated September 11, 1969 insofar as appealed from and to dismiss the writ and reinstate the indictment, with the following memorandum: In our opinion, under the total circumstances of this case, the People sustained their burden of showing good cause for the delay in prosecution (People v. Ganci, 33 A D 2d 797; People v. Pirone, 31 A D 2d 1007; People ex rel. Phipps v. Flood, 30 A D 2d 641).

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Bluebook (online)

35 A.D.2d 813, 316 N.Y.S.2d 990, 1970 N.Y. App. Div. LEXIS 3628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-walston-v-krueger-nyappdiv-1970.