People v. Ayala

Appellate Division of the Supreme Court of New York

People v. Ayala

35 A.D.2d 930, 316 N.Y.S.2d 414, 1970 N.Y. App. Div. LEXIS 3212

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

DecidedDecember 10, 1970

StatusPublished

This text of 35 A.D.2d 930 (People v. Ayala) 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 v. Ayala, 35 A.D.2d 930, 316 N.Y.S.2d 414, 1970 N.Y. App. Div. LEXIS 3212 (N.Y. Ct. App. 1970).

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Opinion

Concur—Capozzoli, J. P., MeGivern, Nunez and McNally, JJ. Markewich, J., concurs in the following memorandum: While I concur in the result reached by the court, I feel that it must be noted specifically that the quoted pronouncement of Bios finds its basis solely in the excerpted sentence of section 208, and not by analogy to a criminal trial. Bios changes not one whit the holding of People v. Fuller (24 N Y 2d 292) that “various constitutional requirements applicable to criminal trials are not necessary here [p. 307] ” and “that the requisites of a criminal trial are not applicable to these proceedings [p. 304] ”.

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Concur—Capozzoli, J. P., MeGivern, Nunez and McNally, JJ. Markewich, J., concurs in the following memorandum: While I concur in the result reached by the court, I feel that it must be noted specifically that the quoted pronouncement of Bios finds its basis solely in the excerpted sentence of section 208, and not by analogy to a criminal trial. Bios changes not one whit the holding of People v. Fuller (24 N Y 2d 292) that “various constitutional requirements applicable to criminal trials are not necessary here [p. 307] ” and “that the requisites of a criminal trial are not applicable to these proceedings [p. 304] ”.

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Bluebook (online)

35 A.D.2d 930, 316 N.Y.S.2d 414, 1970 N.Y. App. Div. LEXIS 3212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayala-nyappdiv-1970.