People v. Bean

Appellate Division of the Supreme Court of New York

People v. Bean

282 A.D. 1080, 126 N.Y.S.2d 188, 1953 N.Y. App. Div. LEXIS 5866

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

DecidedDecember 8, 1953

StatusPublished

This text of 282 A.D. 1080 (People v. Bean) 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. Bean, 282 A.D. 1080, 126 N.Y.S.2d 188, 1953 N.Y. App. Div. LEXIS 5866 (N.Y. Ct. App. 1953).

Pincite

Opinion

The order denying defendant’s application for a writ of error eorarn nobis was entered in the Franklin County Clerk’s office June 18, 1953. The motion now made is in form an application for permission to “serve the necessary notice of appeal”. We have no power to enlarge the time to take the appeal. The previous order of this court granting permission to prosecute the appeal as a poor person was necessarily based on the assumption that an appeal had been timely taken. Motion denied, without prejudice to any further application the appellant may make in the County Court or otherwise. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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The order denying defendant’s application for a writ of error eorarn nobis was entered in the Franklin County Clerk’s office June 18, 1953. The motion now made is in form an application for permission to “serve the necessary notice of appeal”. We have no power to enlarge the time to take the appeal. The previous order of this court granting permission to prosecute the appeal as a poor person was necessarily based on the assumption that an appeal had been timely taken. Motion denied, without prejudice to any further application the appellant may make in the County Court or otherwise. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 1080, 126 N.Y.S.2d 188, 1953 N.Y. App. Div. LEXIS 5866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bean-nyappdiv-1953.